Civil Assets Recovery
August 11, 2022
Civil Asset Recovery:
Civil Procedures in the United Arab Emirates are in charge of the UAE Government, where Civil Laws are made by the UAE Government and properly defined by Law, for example, Federal Law No 11 of 1992. All the Laws are approved and implemented with the approval of the Cabinet. Civil Law governs Civil Litigation, Civil Court Procedures, and Commercial Cases, and other matters related to Civil Law. Civil Law deals with and governs all kinds of Civil Cases, Appeals, Appeals in Cassation, Judgement Executions and More. United Arab Emirates court system is hierarchal, and it works on both levels, the federal level and local emirate level. The Local Emirates are Sharjah, Ajman, Fujairah, Umm Al Quwain, Abu Dhabi, RAK, and Umm Al Quwain.
Court Proceedings:
How Civil Case is filled? The Civil Case is filed, in Courts where a statement of claim needs to be submitted and this statement of claim, should be carefully prepared by the Lawyers. These Lawyers must be experts in drafting a statement of claim which includes the subject of the case, charges on the counterparty, demand on the counterparty, claim amount etc. Once the case is submitted and accepted by the court then it means it has been registered. Then Court issues a Case Number. A Court Fee needs to be paid as per the UAE Court Fee Systems. Like it will be different, in every Emirate. For Example, the Dubai Court Fee will be 6% of the total claim amount. Once the case is filled then, court sessions need to be attended by lawyers. Lawyers take the Power of Attorney from the Client which enables him to attend the court sessions. Court Case can be dealt with in three courts. These are called as Court of First Instance, Appeal Court and Cassation Court.
Judges at Civil Courts are very much careful while giving judgements and they are pretty much experts and have a great experience. UAE Court does not make anyone judge easily or no one is allowed to become a judge. It is a proper structure where a person has to first study law and then pass the exam to be a judge. Well, this detail can be checked with the Ministry of Justice.
Civil Lawyers:
The Civil Lawyers, in UAE, are the Emirati National Lawyers. As we all know that only they can become Lawyers in the United Arab Emirates. These Advocates are quite good in Litigation as well as outside Court mediation. Civil Disputes can be resolved in two ways either, inside court or outside the Court. Inside the Court means the proper litigation, and outside the Court means the amicable way. The amicable way means something, which needs to be done outside the premises of the court. It can be a negotiation, it can be a legal notice or it can be a series of meetings. By the end of the day, either party should not be in Court, the matter should be resolved or there must be an agreement with both parties. This agreement should be carefully drafted by the lawyers then it should be signed. Civil Lawyers in Dubai are the top Lawyers in this regard.