UAE Law and Practice Contributed by: His Excellency Tarish Almansoori, Feteiha Korra, Khamis Moustafa and Hala Almubarek, Tarish Al Mansoori Advocates and Legal Consultants
Tarish Al Mansoori Advocates and Legal Consultants 14th Floor
Burj Alsalam Tower Shiekh Zayed Road Dubai UAE Tel: +971 4 882 3210 Fax: +971 4 882 3210 Email: info@tarishlaw.com Web: www.tarishlaw.com
1. General 1.1 General Characteristics of the Legal System The United Arab Emirates (UAE) operates a civil-law system that blends codified legislation with Islamic legal principles. The courts follow an inquisitorial model: judges actively investigate the facts, direct the taking of evidence and apply the relevant statutory provisions. Judicial precedent is not formally bind- ing, although higher-court rulings are increasingly persuasive in commercial matters. Proceedings are largely written, supported by documentary evidence and expert opinions, while hearings tend to be short and procedural. 1.2 Court System The UAE judiciary comprises both a federal and local court system. Dubai and Ras Al Khaimah maintain independent judiciaries, whereas the remaining Emir- ates fall under the federal structure. Each system con- sists of a Court of First Instance, a Court of Appeal and a Court of Cassation (or Supreme Court at the federal level). Courts are further divided by subject matter – civil, commercial, criminal, labour, family and administrative. Straightforward civil cases may con- clude within six to 12 months; complex commercial disputes involving expert reports often extend to two years or more. 1.3 Court Filings and Proceedings All courts use electronic filing portals. Pleadings, exhibits and expert reports are uploaded digitally,
and parties can track progress through secure online dashboards. Proceedings are confidential: filings and judgments are not publicly accessible, and hearings are closed to non-parties. Family and banking cases
are automatically treated as confidential. 1.4 Legal Representation in Court
Only advocates licensed in the UAE may appear before the courts. Foreign-qualified lawyers may advise clients and appear in arbitration, but they can- not conduct advocacy in Arabic-language proceed- ings. Representation before the DIFC and ADGM Courts – common-law jurisdictions within the UAE – is open to both UAE and international lawyers who are registered with those courts.
2. Litigation Funding 2.1 Third-Party Litigation Funding
Third-party funding is not expressly regulated but is permitted provided it does not breach public-policy or professional ethics principles. Any arrangement must avoid characteristics of champerty or maintenance. 2.2 Third-Party Funding: Lawsuits Funding is most common in commercial and civil dis- putes with identifiable monetary claims. Criminal, per- sonal status and administrative matters are excluded.
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