UNITED ARAB EMRITES Law and Practice Contributed by: Ali Dakhlallah, Karen Seif, Matthew Page and William Prasifka, Habib Al Mulla & Partners
Injunctions may be granted on an urgent or ex parte basis in appropriate cases. Arbitration offers a range of interim injunctions based on the applicable law, and interim measures are well recognised in arbitral proceedings. 6.6 Summary Judgment The onshore court system does not have a formal summary judgment procedure equivalent to that found in common law jurisdictions. However, certain procedural mechanisms serve a functionally similar purpose by enabling expedited judgment without a full trial. The most significant of these is the payment order proceeding governed by the UAE Civil Procedure Law (Federal Decree-Law No 42 of 2022). A payment order allows a creditor holding sufficiently satisfactory doc- umentary evidence of a liquid debt to apply directly to the court for an order requiring the debtor to pay, without the need for a full hearing or trial. The court issues the order ex parte based on the evidence sub- mitted, and the debtor is then served with the order and given an opportunity to appeal within a prescribed period. If no appeal is filed, the order becomes final and enforceable. If the debtor objects, the matter pro- ceeds to a trial before the court of appeal. In the DIFC and the ADGM, summary judgment is available as a procedural tool under their respec- tive court rules, which are modelled on common law principles. A party may apply for summary judgment where it can demonstrate that the opposing party has no real prospect of succeeding on its claim or defence, and there is no other compelling reason for the matter to proceed to trial. Courts assess the merits on the papers and may grant judgment without a full hearing. 7. Mass Claims and Class Actions 7.1 Procedural Mechanisms The UAE does not recognise US-style class actions, and there is no formal procedural framework for col- lective or representative proceedings. However, mul-
tiple parties may be involved on both sides of claims in the UAE. In UAE courts (including offshore courts) and in arbi- tration, claims are typically brought by the claimant or claimants each individually named against either a single party or against multiple respondents. The pri- mary mechanism is joinder of parties, where multiple claimants may file a single claim if their rights arise from the same transaction or set of facts. Consolida- tion of related proceedings is also available, to ensure efficiency where claims involve common issues. How- ever, there is no opt-in or opt-out class action system, and each claimant must be specifically named and participate in the proceedings. Regulatory bodies may take action in consumer matters, but this does not constitute a true class action. 7.2 Standing Requirements Class actions are not recognised in the UAE. 7.3 Relief Class actions are not recognised in the UAE. 7.4 Class Actions, Mass Claims and Arbitration Class actions are not recognised in the UAE. 7.5 Trends Class actions are not recognised in the UAE. In onshore UAE courts, there is no general duty of dis- closure comparable to common law systems. Under federal civil procedural and evidentiary rules, a party may request the court to order the production of spe- cific documents, but must identify the document with precision, demonstrate its relevance and show that it is in the possession of the opposing party. Broad “fishing expeditions” are not permitted, and courts exercise discretion in ordering production. There is no continuing duty of disclosure. The DIFC and the ADGM follow common law disclo- sure principles. Under procedural rules – eg, the Rules 8. Evidence 8.1 Disclosure
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