The majority of individuals decide to proceed with litigation without hiring a lawyer since they are not able to afford that. This blog offers a concise overview of the procedures and steps of litigation. Since the process seems puzzling for some, even when they obtain a favourable verdict, here are a few tips to aid them to execute judgments handed down by the court to ensure their rights when a congenial solution can not be reached.

The framework of the UAE judicial system is governed by Civil Law. The following is a summary of UAE court procedures, that covers the most frequent questions- Under this process, the litigant in whose favour the court rules attempts to get their rights at the desk of the Exec. Judge legally, in the event that there is no amicable fulfilment of their right. 

As per Article 225 of Federal Law no. (11) of 1992, without a legally enforceable document, it is not possible to execute the executory action. 

Among the executive instruments are: 

1. Orders and decisions 
2. Authenticated documents complying with the provisions of the regulatory law.
3. A court attestation of reconciliation minutes.

By law, the following documents also have the equivalent capacity:

1. A list of decisions & orders made by Freezone.
2. Delegations from other courts in the nation or delegations from courts in other nations. 
3. Implementation of cases concerning personal status as well as adding paperwork as a result of court decisions, certifications and attestations, like divorce settlement, right to visit one’s children after divorce, custody, transferring of children and so related to family matters. 
4. Execution of a judgement issued by Dubai courts for the execution of a judgement issued by a foreign country. 
5. Bringing into effect a judgement passed by Dubai courts for bringing into effect a judgement passed by a foreign nation or implementation of a judgement which is passed to implement a foreign arbitration decision.  
6. It is not permissible to carry out an execution aside from the exceptions outlined in the law unless a version of the executive bond containing the below-mentioned statement is submitted: 

“The relevant parties need to begin implementing this bond and each of its conditions. It should be enforced by them when requested to do so forcefully if required.”

Prerequisites for Execution of the Petition 

A. Presenting the petition for execution in Arabic, that includes:

1. Name of the plaintiff and judgment debtor, 
2. Source to the execution bond, execution area as well as the likelihood of forceful execution.
3. Information regarding the rights at issue 
4. Plaintiff’s requests with the restrictions of the execution bond.

B. Providing an authenticated Power of Attorney or any other evidence supporting the legal representation of the plaintiff’s capacity. 

C. Presence of the plaintiff, or the legal representative, guardian. 

D. Remitting legal expenses.

Court Processes For Application 

1. Getting the petition filed at the Central Services Section.
2. In order to execute the judgment, the notice for the executive bond is drafted and legally required. 
3. In order to meet the obligations, a notice period of 15 days is offered to the accused, in addition to remittance of the execution charges following the execution bond notice.
4. The accused is informed of the previously stated notice via the section for notifications.
5. Provided that the accused fails to meet their obligations after being informed, within the allotted time frame, then the plaintiff can take further action and request for the accused’s assets to be put on hold, where applicable. A sale order of those assets is published to obtain the due payment or an arrest warrant against the accused is made till the dues are settled.

Execution Application 

Each and every application is sent to the execution judge (but not for the revocation of judgement application). Once the suspension judgement is passed by the specialised judge, the case is brought to the judge. Instances of applications in the execution file:

1. Assessing the wealth of the judgment debtor, such as automobiles, land, investments, stocks and investment bonds, financial assets, licenses. 
2. Attachment of the wealth of the judgement debtor within the scope of the judgment. 
3. An application to a court in lieu of the formality of a summons or complete procedure. 
4. Real estate sale application
5. Witness summons Application
6. Travel ban withdrawal application 
7. Selling of asset shares application
8. Engaging in execution application
9. Update the creditor’s detention application
10. Release application

When it comes to assets sales, there are steps for attachments and the supporting paperwork needed. Added to that, there are steps for sale and attachment which are performed during the end to determine the sum of the claim in the Execution. 

The steps involved in the execution in front of the UAE court is smooth and swift. But the delay occurs because of the absence of the address on record of the judgement debtor as well as the issues encountered by the sheriff to seize the wealth and track them down.

Digital Litigation Project Unveiled by the Director-General of Dubai Courts 

At the headquarters of Dubai EXPO, the director-general of Dubai courts launched the Digital litigation project. This initiative is in line with the government’s efforts to make a breakthrough in the litigation procedures and aims to fulfil the directions of the Ruler of Dubai to transition court sessions to virtual hearings for good. 

The programme extends numerous services, such as case registration via the Dubai courts portal, follow up via mobile phone, payment modes, virtual appearance, and more.

The director-general stated that the project targets to support the utilisation of present-day technology and digitisation of court services. This achievement is the outcome of coordination as well as hard work by the work team, and judicial & administrative units. Methodical and intentional schemes were set down to guarantee to offer great services to clients, letting them fulfil plenty of litigation processes via agile apps. 

The director-general also stated that Dubai courts will keep on with their system development and pay attention to each and every remark by clients and attorneys to improve and revise the justice system. 

The programme asserts the resolute efforts to lay down an all-inclusive frame for starting litigation processes. These greater accomplishments made by the courts are due to the wise leadership’s premonition that strives to deal with digitalisation and technical development. At the right time, this really pays off in the current environment that impacts the entire world.

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