Edition 2011
Dubai Courts
Serial No.
1
A Historical Overview:
The judiciary in Dubai started in a simplistic form that met the simple
needs of the Emirate’s society in the first half of the 19th century.
The judiciary was first officially 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 official headquarters of the judiciary in Dubai, where only disputes among civilians were settled.
However, foreign litigators had to consult the British Justice Authority 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 litigations related to diving and marine activities were referred. Such assistants 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 established, 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 defined 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 an
amendment, 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 defines their
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 department shall be independent and shall have the authority to regulate
Dubai Courts both financially 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, financial and administrative management. So, the history of Dubai judiciary features a
series of developments corresponding to the progress of the Emirate 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 of
litigations, execution of court rulings and documentation of instruments by engaging qualified 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 continue to be our key and primary reference. Such values are: justice,
independence, equality, creativity, excellence and team spirit.
Strategic Objectives :
Dubai Courts realize the importance of proper planning for the regulation of its judicial and administrative activities. Planning processes, 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 efficiency and effectiveness of
internal performance.
Objective C : Attracting, investing and developing motivated
and highly-qualified human resourcs.
Organizational Structure of Dubai courts
Head of courts
Directors of courts
Judicial council
Strategy management
& corporate performance
Supreme court
Internal financial control
Court of cassation
Information technology
Courts of first instance
Financial and administrative affairs
Labor court
Human resources
Real estate court
Execution
Civil court
Action services
Penal court
Personal status
Commercial court
Notary public
Personal status court
Civil cases
Amicable disputes settlement Centre
The Judicial System in Dubai
The judicial system in Dubai consists of Dubai Judicial Council,
which is the highest authority controlling the performance of judicial 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 penal courts. Moreover, Dubai Courts operate through three stages
of litigation; courts of first instance (the first stage), courts of cassation (the second stage), and supreme courts (the last stage).
Specialized courts have been incorporated in the court of first
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 controls the operation of judicial bodies in the emirate. It is the main
guarantee for judicial independence which it maintains. The council was established in enforcement of law no. 6\ 1992, which stipulated the organization of the council and the powers of its chairman. 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 opinion in judicial legislations. The council undertakes the development of the judicial authority, making legislative proposals in relation to the judiciary, public prosecution and litigation procedures
with which the government is guided in drafting laws and regulations. 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 Dubai’s Executive Office, 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
Dubai’s Bureau and the general director of Dubai Courts.
Stages of Litigation in Dubai Courts
1. First Instance
It is the first stage of litigation undertaken by the Court of First Instance according to the judicial system of Dubai. The Court of First
Instance has jurisdiction over all other courts because of the comprehensive scope of the cases it covers, including penal cases,
personal status, inheritance cases, documentation and endorsement, 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 defined 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. Cassation
It 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 benefit of litigants, to
be either amended or cancelled. Cassation can be made against
all types of court rulings, including penal, civil and personal status.
The Supreme Court
It is the final 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 benefit 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
fulfillment 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 existing, clearly specified, and payable right).
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 Department of Personal Status. These services enhance the DC’s mission 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 conflict with the law, the public order or the
ethical rules of the UAE. The Notary Public also endorses agreements, POAs and acknowledgements that may not be endorsed
otherwise. He translates and sets date for marital instruments, and
certifies Christian marriage contracts issued by approved churches
in Dubai. It also endorses notifications, issues true copies, manages electronic archiving, and saves transactions. For smooth operation, the Notary Public operates through three centers; Al Tawar
Centre, Al Barsha’ Centre, and the Department of Economic Development, in addition to the main office in the DC headquarters.
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 competent 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 is
then 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 consists of several divisions: the division of the affairs of attorneys,
experts and translators, Offices of Courts of First Instance Heads,
and Division of Archiving. These divisions provide most of the procedures followed by the passing of court verdict. They serve litigants 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-
ministrative tasks, and the formalities set forth in the personal status law and the law of civil procedures related to personal status,
from deliberation to decision and execution of verdicts and decisions. The department also develops and simplifies services for its
clients in personal status cases, and provides a working environment that suits the privacy of the cases it handles.
Services also include amicable litigation in family, estate, and
Shari’ah execution cases, in which an amicable and secret settlement is sought prior to litigation so that disputes may not be aggravated 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 procedures. A call centre has also been provided to answer all inquiries,
and 32 bulletins have been issued to illustrate key services provided 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 restaurant, a bank, and a travel office, are also offered Dubai Courts.
Division of Litigant Guidance
The DC has introduced a new division for litigant guidance, with
highly-qualified and experienced administrative personnel who
provide assistance for clients and help them finalize their procedures smoothly and easily. In the framework of its services, the
division illustrates to its clients the appropriate steps for registering actions and submitting applications, assists them in filling the
e-applications available on the DC’s website, allows real-estate
litigants to use real-estate inquiry letters, and provides free internet for half an hour for all clients.
Suhail Voluntary Service
This service is offered by the DC employees of all levels. It’s not
confined to a single place in the the DC headquarters, two employees 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 officials receive clients and complete their transactions. So, clients won’t
have to suffer through long waits as their transactions are received
upon their arrival and delivered to them complete after finishing all
the 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 corridors of the courthouse searching for their destinations by utilizing an automatic voice and photo search after submitting an eapplication form.
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 Frequently 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 introduction 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 updated 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.
Electronic Services
The website of Dubai Courts (www.dc.gov.ae) offers many e-services for subscribing and non-subscribing clients, as well as for
students. These services are intended to ensure continuous development 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-services are provided in relation to several cases, needs and requirements, 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 firms, where the details of their
attorneys and registered representatives are made available, in
addition to information regarding the cases instituted by the attorneys of those firms. Attorneys are also offered e-services that
help them follow their cases, inspect the schedule of hearings, and
follow 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
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 Knowledge 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 take
the appropriate decision and action. Judges are offered other services that help them manage their cases, hearings, and verdicts,
besides performance measurement tools. In Dubai Courts, officers
can follow up on the department’s 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 offices 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 simplifies
the registration of cases so that it can be done anytime and anywhere. It develops databases for subscribers through the department 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 financial resources, increases the efficiency of work,
and enhances the quality as well as the speed of e-services.
The Notary Public E-Services
In order to facilitate the services provided to its clients and offer easier more practical options, the DC has introduced the Notary 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 services, an audit is made and an appointment for appearing before
the Notary Public is arranged to issue approval and final endorsement. Key services include the provision of e-forms of the Notary
Public’s transactions, round-the-clock receipt of e-applications all
days of the week, revision and prior audit, speedy execution of
transactions, flexible options for choosing the date and place, secure e-payment, and the provision of special offices for offering
e-services.
Contact Us:
Dubai Courts Headquarters
Contact Information
Tel: 0097143347777
Fax: 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
Shari’ah 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 7777
[email protected]