UAE Law and Practice Contributed by: His Excellency Tarish Almansoori, Feteiha Korra, Khamis Moustafa and Hala Almubarek, Tarish Al Mansoori Advocates and Legal Consultants
9.2 Rules Regarding Damages The UAE recognises only compensatory damages. The court assesses the actual loss suffered and, in some cases, foreseeable consequential loss. Punitive or exemplary damages are not available. 9.3 Pre-Judgment and Post-Judgment Interest If the debt is non-commercial but its amount is ascer- tainable and does not require the court’s discretion to determine, interest shall be calculated from the date of the judicial claim. However, if the amount of the debt is not ascertainable until judgment, interest shall be calculated from the date on which the judgment becomes final, as long as the court retains discretion in assessing the amount adjudged. By contrast, interest for delay in commercial debts shall be recoverable upon their mere maturity, unless otherwise provided by law or agreed between the par- ties. 9.4 Enforcement Mechanisms of a Domestic Judgment Judgments are enforced through the Execution Court. Enforcement measures include attachment of assets, freezing of bank accounts, sale of property and travel bans against debtors. Enforcement continues until full satisfaction of the judgment debt. 9.5 Enforcement of a Judgment From a Foreign Country Under Articles (222) to (225) of Federal Decree-Law No. (42) of 2022 on Civil Procedure, a foreign judg- ment may be enforced in the UAE by filing a petition before the Execution Judge, who issues a decision within five working days. This decision is subject to direct appeal. Enforcement is granted only if the court verifies that: • UAE courts have no jurisdiction over the dispute, and the foreign court had proper jurisdiction; • the judgment is final, duly authenticated, and ren- dered by a competent court; • the parties to the action in which the foreign judg- ment was issued were summoned to attend and were duly represented; and
• the judgment does not conflict with a UAE judg- ment, and contains nothing that conflicts with mor- als or public order in the State. These provisions shall apply without prejudice to international treaties ratified by the UAE governing the enforcement of foreign judgments.
10. Appeal 10.1 Levels of Appeal or Review to a Litigation
Judgments of the Court of First Instance may be appealed to the Court of Appeal within 30 days. Deci- sions of the Court of Appeal may be further appealed on points of law to the Court of Cassation. 10.2 Rules Concerning Appeals of Judgments Appeals to the Court of Appeal are de novo: the court reassesses both fact and law. The Court of Cassation reviews questions of law only, including jurisdictional and procedural errors. 10.3 Procedure for Taking an Appeal Appeals are lodged electronically by filing a memoran- dum setting out the grounds. The appellant must pay court fees and, in some cases, a refundable deposit to discourage frivolous appeals. 10.4 Issues Considered by the Appeal Court at an Appeal According to Article (167) of Federal Law No. (42) of 2022 on Civil Procedure, the Court of Appeal in the UAE primarily considers issues related to the matters covered by the appeal. It reviews both the new evi- dence, pleas and aspects of defence submitted there- to, and the evidence, pleas and aspects of defence initially submitted to the Court of First Instance. New claims not arising from the original proceedings are not admitted; however, the original claim may be modified to include subsequent financial rights, adjustments to compensation, or changes in reason- ing, without introducing entirely new claims. Only par- ties involved in the original proceedings may partici- pate, though third-party intervention is allowed if the judgment adversely affects their interests.
1179 CHAMBERS.COM
Powered by FlippingBook