UAE Law and Practice Contributed by: His Excellency Tarish Almansoori, Feteiha Korra, Khamis Moustafa and Hala Almubarek, Tarish Al Mansoori Advocates and Legal Consultants
2.3 Third-Party Funding for Plaintiff and Defendant Funding is typically available to claimants; defendant- side funding is rare, although parties may use insur- ance or indemnity arrangements. 2.4 Minimum and Maximum Amounts of Third-Party Funding There are no statutory limits on the amount a third- party funder may contribute. Terms are determined contractually. 2.5 Types of Costs Considered Under Third- Party Funding Funders may pay court fees, expert deposits, transla- tion costs and advocates’ fees. Recovery is normally based on a percentage of proceeds or a multiple of the amount advanced. 2.6 Contingency Fees Pure contingency arrangements are prohibited. How- ever, lawyers may agree a fixed or hourly fee supple- mented by a discretionary success bonus that is not the sole basis of remuneration. 2.7 Time Limit for Obtaining Third-Party Funding Funding is generally arranged before filing. It may be introduced later, but courts can require proof of capacity to meet costs before proceeding. There is no universal pre-action protocol. Neverthe- less, issuing a written notice of claim is good practice. Certain matters – tenancy, labour and consumer dis- putes – must first be referred to statutory conciliation bodies. 3.2 Statutes of Limitations Limitation varies by subject: 15 years for general civil claims, ten years for commercial matters and one year for labour actions. The period usually starts when the claimant becomes aware of the breach or damage. 3. Initiating a Lawsuit 3.1 Rules on Pre-Action Conduct
3.3 Jurisdictional Requirements for a Defendant
Jurisdiction is typically determined by the defendant’s domicile or the place of contract performance. UAE courts may assume jurisdiction if one party is domi- ciled locally or if obligations are performed within the UAE. 3.4 Initial Complaint Proceedings commence with an electronic filing of a Statement of Claim setting out facts, legal grounds and relief sought. Supporting documents and trans- lations must accompany the filing. Amendments are allowed with court approval. 3.5 Rules of Service Service is executed electronically or by court bailiffs. For defendants abroad, service occurs via diplomatic If a defendant fails to appear, the court may issue judgment in absentia. The defendant retains the right to appeal once notified. 3.7 Representative or Collective Actions The UAE does not have a general class action regime. However, multiple claimants with aligned interests may join in a single proceeding. 3.8 Requirements for Cost Estimate Lawyers are required to provide clients with fee esti- mates in compliance with the relevant legal authori- ties’ guidelines. channels or registered post. 3.6 Failure to Respond
4. Pre-Trial Proceedings 4.1 Interim Applications/Motions
Parties may request interim measures such as asset attachments, travel bans, injunctions or appointment of an expert. Judges can grant ex parte orders in urgent circumstances where prior notice would frus- trate the remedy. The applicant must substantiate urgency and potential irreparable harm.
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