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New Amendments in the UAE Civil Law; An Overview

legal advice dubai, amendments

New Amendments in the UAE Civil Law; An Overview

Amendments changes the procedures in conducting the law. Recent amendments in the Civil Procedures Law gained changes before the litigants in the UAE. The amendment was made for the Federal Law No: 11 of 1992. This is done by virtue of the Cabinet Resolution No: 33 of 2020 (Executive Regulation Amendments) which was amended from Ministerial Resolution No: 57 of 2018 issued by the UAE government. The Regulation aimed at the efficiency and accessibility of the judicial process and remedies.

Amendments: UAE Cabinet Resolution No: 57 of 2018

  • In the previous amendment, the lawyers and parties were allowed to serve summons to other parties by the online platform. But now with the amendment, they are not allowed to serve summons through social media. The authority is only granted to the respective courts.
  • New look in the accessibility of the payment orders. They are restricted to debts emerging from business instruments, to incorporate obligations recorded in writing.
  • While applying prerequisite for travel ban
  • The debt amount should be above AED 10,000
  • Claimant should prove that the debtor will abscond from the country
  • Claimant should submit the documentary evidence of outstanding debt
  • A guarantee shall be submitted to the court by the claimant in the case if the court finds the application submitted if wrong.
  • In case of the powers of Case Management Officer (CMO), the parties will be provided an opportunity to resolve their dispute before the CMO than submitting in the court.
  • Minor Circuit court powers.
  • The civil, employment and commercial cases of not exceeding AED 500,000 and those testing the legitimacy of signatures are heard by Minor Circuit of court by the new amendment. Also, it should be completed by one hearing. For this the meeting is to be fixed with the CMO prior 15 days of the case. Now the Minor Circuit courts hear disputes up to AED 10 million in esteem.

Amendments: UAE Cabinet Resolution No: 33 of 2020

  • Modernizing the conduct of court proceedings and the service process
  • Improving the accessibility of judgements by judgements at all stages of civil, commercial and employment matter proceedings.
  • Implementing necessary measures to reduce the court burden by getting essential documents or evidences, reducing costs, and expedite procedures in civil and commercial matters. This is done by widening the powers of CMO.
  • Increasing the proceeding efficiency by implementing strict rules for cases that are reserved for judgements to be returned to pleadings. This can be done by clarifying the grievance procedure of precautionary attachment orders and summary orders, imposing time limit for appeal decisions and by increasing the claim values heard by the summary chambers.

Conclusion

The legislative amendments are positive steps towards strong changes in the UAE civil judicial system. The changes will result in better and easy service. Many people might not be aware about the amendments that happen in the UAE. For further clarifications you can get free legal consultation in Dubai and can find lawyer in the UAE through our best service. You can also get online legal advice in Dubai by opting us through https://iadvise.live.

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Eva Iris

Author Since:  October 8, 2020

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