Law of Civil Procedures of UAE
On 3 October 2022, Decree No. 42 of 2022 was issued concerning the Civil Procedures Federal Law, to regulate the civil procedures before Courts in UAE. It revoked the previous Civil Procedures Law no. 11 of 1992 and its amendments; it also revokes any ruling in any other regulation contradicting with the provisions of the new Law that entered into force on 02/01/2023.
The new Law regulates different matters such as the competence of Courts, filing, registering and estimating the value of a lawsuit. It also defines matters of presence and absence of the litigants, power of attorney, procedures of the hearings, pleadings, implication of new litigants, adjoining a case, interlocutory motions, in addition to suspension and discontinuation of litigation, disqualifications of a Judge, their dismissal, issuance and interpretation of judgments.
Moreover, it regulates ways of appealing court’s judgments (appeal – review – challenge through cassation), and the general rules regarding implementation of judgments and its procedures, writs of execution, seizure and its types (precautionary – debtor’s property with third party – seizure of movable property with third-party – seizure of real estate …etc.).
The confinement of a debtor and banning them from traveling and other precautionary procedures are tackled in light of the new law as ways of satisfying debts as well.
Finally yet importantly, for the new Law to keep up with the new virtual means and the concept of remote/virtual litigation, it regulates the idea of using remote connections in civil procedures.
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