UAE Law and Practice Contributed by: His Excellency Tarish Almansoori, Feteiha Korra, Khamis Moustafa and Hala Almubarek, Tarish Al Mansoori Advocates and Legal Consultants
6.6 Third Parties and Injunctive Relief Orders may bind third parties in possession or control of disputed assets if the court deems this necessary to secure enforcement. 6.7 Consequences of a Respondent’s Non- Compliance Failure to comply can result in fines, enforcement by the police or, in serious cases, imprisonment.
7.7 Level of Intervention by a Judge Judges play an active role – questioning parties, directing experts and clarifying procedural matters. Written judgments include reasoning and operative orders. 7.8 General Timeframes for Proceedings From filing to final judgment, civil and commercial dis- putes generally last six to 18 months depending on complexity and expert involvement. Settlements reached between private parties do not require judicial approval unless a minor, an incapaci- tated person or a government entity is involved. How- ever, the parties may request the court to ratify the settlement so that it carries the force of a judgment. 8.2 Settlement of Lawsuits and Confidentiality Private settlements remain confidential unless filed in court. Once ratified, the settlement terms become part of the public record, though courts may omit sensitive information upon request. 8. Settlement 8.1 Court Approval 8.3 Enforcement of Settlement Agreements A ratified settlement is enforceable through the Execu- tion Court in the same way as a final judgment. 8.4 Setting Aside Settlement Agreements A settlement may be annulled only for fraud, duress or lack of capacity. The burden of proof rests on the party seeking rescission. 9. Damages and Judgment 9.1 Awards Available to the Successful Litigant Courts may order payment of compensation, restitu- tion of property, declaratory relief or specific perfor- mance. They may also issue prohibitory or mandatory injunctions in appropriate cases.
7. Trials and Hearings 7.1 Trial Proceedings
Trials are predominantly written. Judges review mem- oranda and documentary evidence, relying heavily on expert findings. Oral pleadings are brief and largely procedural. 7.2 Case Management Hearings Judges determine schedules for submission of mem- oranda and expert reports. They may consolidate related claims or separate issues for efficiency. 7.3 Jury Trials in Civil Cases There are no jury trials in civil or commercial cases; adjudication is exclusively judicial. 7.4 Rules That Govern Admission of Evidence Evidence must be relevant, admissible and authen- ticated. Documentary evidence carries the highest probative value. 7.5 Expert Testimony Experts assist the court rather than the parties. Their conclusions, though influential, are not binding. Judg- es may appoint a new panel if the first report is con- tested. 7.6 Extent to Which Hearings Are Open to the Public Hearings are closed to the public, but judgments are provided to the parties electronically. Selected deci- sions may be anonymised and published for educa- tional purposes.
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