dubai courts

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E

dition

2011

Dubai Courts

1Serial No.


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A Historical Overview:

The judiciary in Dubai started in a simplistic form that met the simple

needs of the Emirates society in the rst half of the 19th century.

The judiciary was rst ofcially designated by virtue of the decision

of H.H. Sheikh Said Bin Maktoum Al Maktoum, the Ruler of Dubai

in 1938, as he referred disputes among the people to his brother,

Sheikh Hashr Bin Maktoum Al Maktoum. Then, in 1956, He was

succeeded by his son Sheikh Mohamed Bin Hashr Bin Maktoum Al

Maktoum - who was named the chief judge of Dubai. In addition to

the chief judge, other judges were appointed to consider litigations.

In 1958, Nayef Fort became the ofcial headquarters of the judi-

ciary in Dubai, where only disputes among civilians were settled.

However, foreign litigators had to consult the British Justice Author-

ity which had a jury headed by Sheikh Mohamemd Bin Hashr Al

Maktoum, the chief judge of the Emirate. There were assistants with

experience in the settlement of marine disputes, to whom the litiga-

tions related to diving and marine activities were referred. Such as-

sistants were called salifah, and they used to arbitrate on disputes

related to naval activities, including the assessment of indemnity for

damages in naval activities and businesses. The Rulings by such

assistants were reported to the judiciary for approval.

A Modern Overview :It was in 1970 that the modern judicial system in Dubai was estab-

lished, as the law on court organization in Dubai was issued, and

the Civil Court of Instance and the Court of Appeal were introduced.

The said law dened the powers and organization of courts, and

it continued to be applicable after the establishment of the UAE in

1971. In 1979, however, law no. 2/ 1971, on the formation of the

Higher Court of Appeal, was issued and it represented a new law

that abrogated all previous provisions on the Court of Appeal. As anamendment, law no. 2/1988 was issued renaming the court into the

Court of Appeal without the word higher. Also in 1988, the Court

of Cassation in Dubai was established by virtue of law no. 1/1988

on the formation of the Court of Cassation issued on 6/2/1988.

Dubai Courts Today :

Dubai Courts represent a judicial system that is independent from

the federal judicial system in the UAE. It was only in 1992 that the

three courts of Dubai were regulated by a law that denes their


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organization and jurisdiction, as law no. 3/1992 was issued to show

how the three courts would be established and what their respective

powers would be. Then, law no. 3/2000 on the establishment of the

Department of Courts was made. According to the law, the depart-

ment shall be independent and shall have the authority to regulate

Dubai Courts both nancially and administratively. Also, the courts

shall be independent from the general prosecution and the other

judicial authorities in the Emirate. The law also outlined the powers

of the department and designated its technical, nancial and admin-

istrative management. So, the history of Dubai judiciary features a

series of developments corresponding to the progress of the Emir-ate which has become the top and most dynamic commercial hub

of the Gulf, hosting key international organizations.

Vision :

Pioneering the work of the courts.

Mission :

Achieving justice through the swift and accurate settlement oflitigations, execution of court rulings and documentation of instru-

ments by engaging qualied national cadres and using advanced

systems, procedures and technologies .

Values :

On our path towards achieving our strategic vision and mission at

all levels, we are guided by a set of common values which will con-

tinue to be our key and primary reference. Such values are: justice,

independence, equality, creativity, excellence and team spirit.


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Strategic Objectives :

Dubai Courts realize the importance of proper planning for the regu-

lation of its judicial and administrative activities. Planning process-

es, including strategic planning, are made continuously at all levels

by the judicial authorities and administrative units of Dubai Courts.

Objective A :Enhancing the trust of clients and stakeholders

of the judicial system .

Objective B :Enhancing the efciency and effectiveness of

internal performance.

Objective C :Attracting, investing and developing motivated

and highly-qualied human resourcs.


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Organizational Structure of Dubai courts

Head of courts

Supreme court

Court of cassation

Courts of rst instance

Labor court

Real estate court

Civil court

Penal court

Commercial court

Personal status court

Judicial councilDirectors of courts

Strategy management& corporate performance

Internal nancial control

Information technology

Financial and administrative affairs

Human resources

Execution

Action services

Personal status

Notary public

Civil cases

Amicable disputes settlement Centre


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The Judicial System in Dubai

The judicial system in Dubai consists of Dubai Judicial Council,

which is the highest authority controlling the performance of judi-

cial bodies, and the public prosecution which administers judicial

justice in terms of public interests. It institutes penal actions as it

is a part of the judicial body and is responsible for interrogation,

pressing charges and referral of the defendants to the competent

courts in case they were found complicit in a criminal activity. The

public prosecution supervises the proceedings of the case in pe-

nal courts. Moreover, Dubai Courts operate through three stages

of litigation; courts of rst instance (the rst stage), courts of cas-

sation (the second stage), and supreme courts (the last stage).

Specialized courts have been incorporated in the court of rst

instance, with their respective heads, judicial departments and

specialties. Also, the Supreme Court is the highest level of the

judicial system.

The Judicial Council of Dubai

The Judicial Council of Dubai is the supreme authority that con-

trols the operation of judicial bodies in the emirate. It is the main

guarantee for judicial independence which it maintains. The coun-

cil was established in enforcement of law no. 6\ 1992, which stipu-lated the organization of the council and the powers of its chair-

man. The council also makes use of all legal tools to elevate the

judicial system and prevent other authorities from intervening with

its duties. For this purpose, self-control and criteria development

were applied for appointment in judicial positions and giving opin-

ion in judicial legislations. The council undertakes the develop-

ment of the judicial authority, making legislative proposals in rela-

tion to the judiciary, public prosecution and litigation procedureswith which the government is guided in drafting laws and regula-

tions. The council is headed by H.H. Sheikh Maktoum Bin Rashid

Al Maktoum, Deputy Ruler of Dubai, and has among its members

the Director of the Ruler of Dubais Executive Ofce, the head of

the Court of Cassation, the head of the Court of First Instance,

the general prosecutor of Dubai, the legal advisor of the Ruler of

Dubais Bureau and the general director of Dubai Courts.


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Stages of Litigation in Dubai Courts

1. First Instance

It is the rst stage of litigation undertaken by the Court of First In-

stance according to the judicial system of Dubai. The Court of First

Instance has jurisdiction over all other courts because of the com-

prehensive scope of the cases it covers, including penal cases,

personal status, inheritance cases, documentation and endorse-

ment, and summary cases. It also undertakes enforcing all court

rulings, decisions, referrals and judicial delegations as per the

law. In accordance with administrative decision no. 57 issued by

the Head of Dubai Courts on 15\ 5\ 2008, specialized courts have

been established at the Court of First Instance, each having its

respective director, judicial departments and dened jurisdictions.

Civil Court of First Instance.

Commercial Court of First Instance.

Personal Status Court of First Instance.

Penal Court of First Instance.

Labor Court of First Instance.

Real Estate Court of First Instance.

2. CassationIt is the second stage in which the Court of Cassation considers

the action when the litigants do not accept the ruling made by the

Court of First Instance. The verdict is challenged before the Court

of Cassation, whether it is for or against the benet of litigants, to

be either amended or cancelled. Cassation can be made against

all types of court rulings, including penal, civil and personal status.


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The Supreme CourtIt is the nal stage of litigation in Dubai, and is regulated by law

no. 11\ 1992- civil procedures, articles 173- 188, law no. 3\ 1992

on court organization in Dubai, and law no. 3\ 2005. Referral of

actions to this court requires a minimum of AED 200,000 (two

hundred thousand dirhams), except for personal status and penal

cases. The court considers challenges against the verdicts made

by the Court of Cassation.

Execution

It is a facility granted to a plaintiff to whose benet a judgment is

made, to resort to a state authority represented by the execution

judge to get his right through legal means, in case no amicable

fulllment is made. No execution shall be made if there is no legal

instrument that is applicable according to article 225 of Federal

Law no. 11\ 1992 on civil procedures: (no forcible execution may

be effected without an executive instrument establishing an exist-

ing, clearly specied, and payable right).


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Pre-litigation services

Dubai courts provide litigants with many pre-litigation services in

courts, e.g. the Notary Public, the Centre of Amicable Settlement

of Disputes, the Department of Action Services, and the Depart-

ment of Personal Status. These services enhance the DCs mis-

sion in administering justice amicably and documenting exhibits.

The Notary Public

The Notary Public notarizes signatures for litigants who can appear

personally or delegate their agents appointed by duly-endorsed

POAs, visits some clients to verify their identities, capacities and

awareness of the instrument, and ensures that the content of the

transaction does not conict with the law, the public order or the

ethical rules of the UAE. The Notary Public also endorses agree-

ments, POAs and acknowledgements that may not be endorsed

otherwise. He translates and sets date for marital instruments, and

certies Christian marriage contracts issued by approved churches

in Dubai. It also endorses notications, issues true copies, man-

ages electronic archiving, and saves transactions. For smooth op-

eration, the Notary Public operates through three centers; Al Tawar

Centre, Al Barsha Centre, and the Department of Economic De-

velopment, in addition to the main ofce in the DC headquarters.


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Centre for Amicable Settlement of Disputes

Dubai Courts established the Centre for Amicable Settlement of

Disputes in order to take on the responsibility of settling disputes

prior to litigation. This is undertaken by contacting the disputing

parties and negotiating a settlement based on legal regulations

in such a way that establishes justice and guarantees the rights

of all parties consensually. Supervised by the competent judge, a

number of experienced reconcilers examine the disputes. No claim

within the scope of competence of the centre may be taken to court

except after the centre examines the same and gives a decision to

take the dispute to the competent court and after the expiry of the

legal prescriptive periods for not hearing the claim as well as the

prescriptive periods set forth by the laws applicable starting from

the date the dispute is brought before the centre till the date the

lawsuit is referred to and registered with the competent court.

The centre attempts to amicably settle the dispute within no more

than a month starting from the date the disputing parties come

before the reconcilers. This one-month grace may be extended

by a similar period or longer, subject to a decision by the compe-

tent judge. If the dispute is settled, such settlement is put down

in writing as a reconciliation agreement signed by the disputing

parties and authorized by the competent judge. Half of the fee isthen refunded and the reconciliation agreement shall be binding.

In case the dispute cannot be settled amicably, it shall be referred

to the competent court.

Department of Action Services

It is the department responsible for providing services for litigants,

including the registration of action till the completion thereof. It con-

sists of several divisions: the division of the affairs of attorneys,experts and translators, Ofces of Courts of First Instance Heads,

and Division of Archiving. These divisions provide most of the pro-

cedures followed by the passing of court verdict. They serve liti-

gants from the time they enter Dubai Courts till a verdict is made.

Department of Personal Status

It is the department cooperating with the personal status judiciary

that considers cases, endorses agreements and personal status

attestations. The department manages all the organizational ad-


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ministrative tasks, and the formalities set forth in the personal sta-

tus law and the law of civil procedures related to personal status,

from deliberation to decision and execution of verdicts and deci-

sions. The department also develops and simplies services for its

clients in personal status cases, and provides a working environ-

ment that suits the privacy of the cases it handles.Services also include amicable litigation in family, estate, and

Shariah execution cases, in which an amicable and secret settle-

ment is sought prior to litigation so that disputes may not be aggra-

vated and prolonged. The department has remarkable community

contributions that aim at propagating the culture of family cohesion

and amicable settlement.

Special Services for Litigants:DC offers its clients a set of supporting services to save them time

and effort. So, it introduced a new division for litigant guidance, to

provide assistance and enable clients to take the required proce-

dures. A call centre has also been provided to answer all inquiries,

and 32 bulletins have been issued to illustrate key services pro-

vided by the courts. The two initiatives of Tasaheel and Suhail

guide litigants to the necessary services and procedures. Many

subsidiary services, including a legal library, world-class restau-

rant, a bank, and a travel ofce, are also offered Dubai Courts.


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Division of Litigant Guidance

The DC has introduced a new division for litigant guidance, with

highly-qualied and experienced administrative personnel who

provide assistance for clients and help them nalize their proce-

dures smoothly and easily. In the framework of its services, the

division illustrates to its clients the appropriate steps for register-

ing actions and submitting applications, assists them in lling the

e-applications available on the DCs website, allows real-estate

litigants to use real-estate inquiry letters, and provides free inter-

net for half an hour for all clients.

Suhail Voluntary Service

This service is offered by the DC employees of all levels. Its not

conned to a single place in the the DC headquarters, two em-

ployees guide clients to their destinations all over the premises,

including the main halls, the hall of personal status cases, and the

hall of central services (Nayef Hall). It is the employee that takes

the initiative in guiding the client to his\her destination.

Special Services (Tasaheel):

It is a service that is offered particularly to clients with special

needs and the elderly. All transactions across all organizational

units are carried out within the DC headquarters, as ofcials re-

ceive clients and complete their transactions. So, clients wont

have to suffer through long waits as their transactions are received

upon their arrival and delivered to them complete after nishing allthe related procedures.

Nibras for E-Information

It is an electronic query software that saves both the time and

effort that the clients spend wandering through the halls and cor-

ridors of the courthouse searching for their destinations by utiliz-

ing an automatic voice and photo search after submitting an e-

application form.


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Call Centre:

The Call Centre of Dubai Courts answers all inquiries of clients,both in Arabic and English. The required procedures and exhibits

are explained through a monthly update made by the centre in

cooperation with other departments to review their latest changes.

The centre also answers inquires related to some cases as well

as the time and place of hearings. A booklet containing the Fre-

quently Asked Questions (FAQs) has been issued.

Bulletins:Dubai Courts have issued the bulletins handbook that includes the

key services provided by the courts for smooth operation and intro-

duction of procedures and requirements. The handbook includes

some 32 updated services provided both in Arabic and English

and covers all the departments and divisions. The content is up-

dated and the bulletins are distributed in various colors so that the

different procedures can be easily reviewed. Flowcharts for all the

administrative units are offered to explain their key processes.


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Electronic Services

The website of Dubai Courts (www.dc.gov.ae) offers many e-ser-

vices for subscribing and non-subscribing clients, as well as for

students. These services are intended to ensure continuous de-

velopment and the highest quality standards, in compliance with

the vision of H.H. Sheikh Mohamed Bin Rashid Al Maktoum, UAE

Vice President, Prime Minister and Ruler of Dubai. Quality e-ser-

vices are provided in relation to several cases, needs and require-

ments, enabling clients to register judicial applications online.

E-Services for Subscribers

The website of Dubai Courts provides services for subscribers,

including services offered for law rms, where the details of their

attorneys and registered representatives are made available, in

addition to information regarding the cases instituted by the at-

torneys of those rms. Attorneys are also offered e-services that

help them follow their cases, inspect the schedule of hearings, andfollow up on their applications and executions, Saving them both

time and effort.

There are also e-services provided for experts, as information

about all the cases assigned to experts is made available. Such

services enable experts to easily follow up on their processes and

recognize the requirements thereof. Institutions get e-services to

follow up on the cases brought in relation to companies, banks

and corporations. They can follow up on their cases, as well as the

applications, rulings and executions made in relation thereto. The


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concerned attorneys can be contacted and other e-services can

be received. Litigants can inspect the details of their cases during

the stages of litigation.

In addition, judges are offered e-services, primarily (Legal Knowl-

edge Management), and (laws, legal principles and verdicts),

which are valuable tools that help judges act more smoothly and

access the required information more easily, so that they can takethe appropriate decision and action. Judges are offered other ser-

vices that help them manage their cases, hearings, and verdicts,

besides performance measurement tools. In Dubai Courts, ofcers

can follow up on the departments operation and get statistics as

well as performance indicators that help them take the appropriate

decision. Legal Knowledge Management services are provided for

legal researchers, institutes and ofces to review and research the

laws and legal principles issued by the Supreme Court of Dubai.Case Remote Registration Services

It is a system designed for the remote registration and follow up of

cases via the DC website. Among its advantages is that it simplies

the registration of cases so that it can be done anytime and any-

where. It develops databases for subscribers through the depart-

ment of registered cases, and saves both time and effort for clients.

It reduces the time required for entering data, makes optimum use

of human and nancial resources, increases the efciency of work,

and enhances the quality as well as the speed of e-services.


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The Notary Public E-Services

In order to facilitate the services provided to its clients and of-

fer easier more practical options, the DC has introduced the No-

tary Public e-services which render the notary public a pioneer

of comprehensive computerization of services and procedures in

a way that meets clients expectations. Prior to offering the ser-

vices, an audit is made and an appointment for appearing before

the Notary Public is arranged to issue approval and nal endorse-

ment. Key services include the provision of e-forms of the Notary

Publics transactions, round-the-clock receipt of e-applications all

days of the week, revision and prior audit, speedy execution of

transactions, exible options for choosing the date and place, se-

cure e-payment, and the provision of special ofces for offering

e-services.

Contact Us:

Dubai Courts Headquarters

Contact Information

Tel: 0097143347777Fax: 0097143344477

E-mail: [email protected]

P.O. Box: 4700 Dubai, United Arab Emirates

Working Hours:

Morning: 7:30 am 2:30 pm

Registration: 7:30 am - 7:30 pm

Attestations: 7:30 am - 2:30 pm / 3:00 pm - 8:00 pm

For inquiries, please contact the following numbers:The Notary Public

Al Tawar: 0097144020209

Barsha: 0097144020333

Shariah Attestations: 0097143030599

The Central Hall: 0097143030480

Address: Oud Maitha, Um Hurair, next to the Public Prosecution

A detailed map of DC premises:

For more info.: call center: +9714 334 [email protected]

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