1 / 16

Process of Litigation in UAE for Businesses

Accusation is a major mechanism by which parties resolve civil disputes in the UAE. The UAE civil lawsuit involves each party making an effort to present their case before a judge. The people involved in the court must comply with local laws, although the policies may vary, depending on the nature of the claim and the nature of the case.

alqada
Télécharger la présentation

Process of Litigation in UAE for Businesses

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Process of Litigation in UAE for Businesses Alqada Claim Recovery Service

  2. Topic we are going to cover Overview procedure for the litigation for business Steps of litigation for business Conclusion

  3. Accusation is a major mechanism by which parties resolve civil disputes in the UAE. The UAE civil lawsuit involves each party making an effort to present their case before a judge.

  4. Overview The people involved in the court must comply with local laws, although the policies may vary, depending on the nature of the claim and the nature of the case.

  5. Have A Look At Litigation Procedure The main steps for Litigation in the UAE for Businesses are summarized below.

  6. Step 1: Initial implementation of legal procedures While a plaintiff is not prevented under any law from filing a dispute in a court of law without attempting and agreeing with the other party in resolving the matter first, the local courts restrict this practice.

  7. What Law Says There are procedures defined as pre-action agreements, which are specific types of cases e.g. construction disputes in the UAE and technical negligence. There is also a general rule of thumb. In general, these set out the procedures for exchanging documents that accuse or contradict a claim on the disclosure of key documents.

  8. When the rules are followed but a decision cannot be reached, then it will be time for the dispute to be taken to court.

  9. Step 2: File a claim IF A COURT PROCEDURE OR LITIGATION IS REQUIRED, THE PLAINTIFF WITH THE AID OF LEGAL REPRESENTATION WILL BEGIN FILING A COMPLAINT. THE RELEVANT COURT COSTS MUST BE RESOLVED AND COPIES OF THE CLAIM SERVED ON THE COURT WILL BE SENT TO THE RESPONDENT.

  10. The respondent will be provided with a number of pre- determined dates from receipt of the claim and details of the application for admission. Admission will be provided to the court with a motion for payment, where applicable, or for the purpose of protection. In the event that the respondent seeks to defend the plaintiff's claim, the defendant will be given an opportunity to file a defence or extension period, if the plaintiff and / or the court allows.

  11. Step 3: Submission of information from the Directions Questionnaire If the claim is to be defended, the next step will be to order the court to provide both parties with detailed information on where the case will be held, the number of witnesses for each party, or whether there is a need for expert evidence e.g. from building inspector of building and / or construction When the Directions Questionnaire for each accused party is filed or referred to a local court, the judge will provide a list of to- do and their time limits. This is referred to as an indication of how the case will proceed with the trial. In the event of a response from any court action party, the court will adjourn the hearing so that it can decide on procedural issues.

  12. A hearing may be required if there is a dispute as to whether an expert witness will be required if it is to proceed. The court option is usually for the combined court expert to be there rather than having two experts, one for each group. Local courts in the UAE can also provide guidelines for whether a claim will be settled or suspended pending trial to try to resolve the case.

  13. Step 4: Obey court orders You will need to fully comply with court orders. This is very important in many ways and it is certainly a very tedious and long stage. It contains all the actions that need to be taken until the case is heard when the judge makes a decision. The actions that need to be done will vary greatly, depending on the type of case. However, all cases will involve the exchange or disclosure of relevant documents including photos, text messages and emails. There is also a need for expert writing of witness statements. The statements of the witnesses provided evidence that the witnesses would be questioned during the trial.

  14. Step 5: Test This is where the judge will decide the case. It is noteworthy that only a small number of cases will end up being tried. This is because if the views of both parties have strong positions and are willing to negotiate, the case can be resolved out of court. Cases are also resolved to avoid further legal costs. There is also the danger of developing an undesirable outcome. If the judge decides, it will be a futile victory when money is not paid and honoured. That being said, it is very important to hire a good lawyer for cases in Dubai, UAE. Before or during the trial process, your UAE attorney will discuss with you the difficulties of applying costs and a court order.

  15. Thanking You! Speaking to a litigation lawyer in Dubai, call us here at Alqada Claim Recovery Dubai, UAE today!

  16. Connect with Best Litigation Laywers in Dubai 2202, 22nd floor, the citadel tower, business bay, Dubai www.alqada.ae

More Related