UAE Government amends Civil Procedures Code

Direct establishment of inheritance courts

The new legislation allows for the direct establishment of inheritance courts through a decision issued by the President of the Federal Judiciary Council or the head of the local judicial authority, without requiring the agreement of the litigants. This measure aims to expedite the resolution of inheritance disputes and simplify their procedures.

Specialised courts for civil and commercial cases

The law permits the creation of specialised courts to hear specific civil or commercial cases, upon the request or agreement of the parties involved. These courts operate under the same procedural rules as regular courts, enhancing judicial specialisation and improving the efficiency of dispute management.

Strengthening the role of technical expertise

The amendments reinforce the role of technical expertise in judicial decisions by enabling courts to engage local or international experts to prepare or review reports. Courts are also empowered to discuss reports with experts and task them with correcting errors, ensuring decisions are based on accurate and reliable technical input.

Enhancing procedural control

To improve procedural control, appellants are now required to include in their appeal brief the appealed judgment, its date, the grounds for appeal, and any requests. Failure to comply renders the appeal inadmissible, ending the previous practice that allowed completion of appeal grounds at the first hearing. This strengthens respect for procedural deadlines and the seriousness of appeals.

Broadened right of appeal to the Court of Cassation

The amendments expand the right of appeal to the Court of Cassation to include decisions issued by the Courts of Appeal, in addition to judgments. This broadens judicial review and provides litigants with greater safeguards against impactful decisions.

Attorney-General’s authority to file appeals

The Attorney-General is now empowered to file appeals on his own initiative or at the request of the Minister of Justice or the head of the local judicial authority, even if parties have not exercised their right to appeal or missed deadlines. This measure strengthens legal protections and ensures unlawful decisions do not escape judicial scrutiny.

Commitment to a robust judicial system

By adopting these amendments, the UAE affirms its commitment to developing its judicial system according to the highest legislative standards, consolidating the concept of swift justice, and enhancing litigants' confidence in the judiciary. These reforms contribute to a robust legal ecosystem that supports development, protects rights, and aligns with the nation’s legislative advancements.