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May 2020: New updates to UAE civil procedure continue to modernise onshore UAE Courts

  • Legal Development 1 juin 2020 1 juin 2020
  • Moyen-Orient

  • Litiges commerciaux

Back in December 2018, in an effort to modernise the civil procedures of the onshore UAE Courts, a Federal Regulation was issued to supplement and revise the conduct of court proceedings. The Regulation enhanced accessibility and efficiency of the judicial process and available remedies. Building on the success of that Regulation, on 1 May 2020 the UAE Cabinet passed another Federal Regulation implementing further enhancements to civil court procedures. We provide here a brief summary of the latest revisions.

May 2020: New updates to UAE civil procedure continue to modernise onshore UAE Courts

UAE Cabinet Resolution No. 33 of 2020

In brief, UAE Cabinet Resolution No. 33 of 2020 (Executive Regulation Amendments) has amended Ministerial Resolution No. 57 of 2018 concerning the Executive Regulations of Federal Law No. 11 of 1992 on the Civil Procedure Law, broadly as follows:

  1. Further modernising the conduct of proceedings before the courts and particularly the notification / service process;
  2. Taking measures to reduce the burden on the courts in gathering essential evidence and documents, reduce costs and expedite procedures in civil and commercial lawsuits, by widening the powers of the Case Management Office. The Case Management Office is the branch of the court that insures that the parties are duly summoned and have had the opportunity to raise their main arguments before referring the case to the court for consideration;
  3. Enhancing the accessibility of judgments by requiring that judgments at all stages of proceedings in commercial, civil, and employment matters be published; and
  4. Improving the efficiency of proceedings by imposing stricter rules for cases reserved for judgment to be returned to pleadings, by increasing the value of the claims heard by the summary chambers, by clarifying the grievance procedure of summary orders, by clarifying the grievance procedure of precautionary attachment orders, and by imposing a time limit for appealing decisions of the execution judge.

These legislative amendments are another positive step signalling greater efficiencies for litigants within the UAE civil judicial system

 

Whilst most of the revisions may on their face appear minor, it is expected that they will have a significant practical impact on expediting onshore court proceedings in the UAE, and so will be relevant to all businesses with a presence or commercial interests in the UAE.

These legislative amendments are another positive step signalling greater efficiencies for litigants within the UAE civil judicial system.

Please contact Sherif Maher for more information about the subject of this article.

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