UNITED ARAB EMIRATES Law and Practice Contributed by: Stuart Paterson, Janine Mallis and Tania Forichon, Herbert Smith Freehills
DIFC and ADGM In the DIFC, a request for document production by someone who is not a party to the proceed - ings can be made before or after the court pro - ceedings have started, and it must be supported by evidence. The court may make an order under this rule only where: • the documents sought to be produced are likely to support the case of the applicant or adversely affect the case of one of the other parties to the proceedings; and • production is necessary to fairly dispose of the claim or to save costs. Such an order may specify the time and place for production. Similarly, in the ADGM, where an application is made to the court under any ADGM enactment for disclosure by a person not a party to the pro - ceedings, the application must be supported by evidence and served according to practice directions. No standard restrictions are placed on the use of such materials, and any relevant restrictions will be contained in the court order. Parties can also apply for “Norwich Pharmacal” orders to obtain information from potentially innocent third parties regarding an “unknown” wrongdoer and for “Banker’s Trust” order, typi - cally against a bank/financial institution, to obtain information about assets of a third party (see 2.8 Claims Against “Unknown” Fraudsters ).
71(1)(d) of the ADGM Rules, the party possess - ing a preservation order may also enter any real property, with an officer of the court supervising, to carry out that order. Parties may also apply for a search order under Rule 25.1(8) of the DIFC Rules and Rule 71(1) (h) of the ADGM Rules to preserve evidence. These applications must be supported by evi - dence from affidavits in both the DIFC and ADGM courts. Under the court’s powers to grant search orders, imaging orders – closely related to search orders – which allow the applicant to take a screenshot of the respondent’s electronic evidence, may also be available. 2.3 Obtaining Disclosure of Documents and Evidence From Third Parties Onshore – Criminal The Criminal Procedures Law provides the judi - cial police with broad powers to obtain evidence. Under Article 31, they are allowed to “investigate crimes, search for their perpetrators and gather information and evidence necessary for investi- gation and indictment.” Onshore – Civil The UAE courts have broad and general pow - ers to compel parties to produce documents in their possession. In the course of examination of the case, a court may give permission to join a third party to the proceedings to compel them to prepare and produce a written instrument or provide information that is in their possession or under their control. A court may also order any administrative entity to join, produce or furnish any written instrument or information that lies in its possession and which is deemed necessary for proceeding with the case.
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