Litigation and Dispute Resolution

In the UAE, disputes can be resolved through litigation in the courts or via alternative dispute resolution (ADR) methods such as arbitration, mediation, and negotiation. While litigation involves taking a dispute before a court for a legal decision, ADR methods are often preferred for their confidentiality, speed, and lower cost. Arbitration is particularly common in commercial disputes, especially for international contracts, as the UAE is a signatory to the New York Convention, ensuring that arbitral awards are recognized and enforceable globally.

Litigation in the UAE typically proceeds through several stages:

1. Filing the Case: The claimant files a case in the Court of First Instance, which involves submitting a pleading along with the necessary court fees.
2. Service of Summons: The defendant is served with the summons and required to respond.
3. Hearings: Both parties present their evidence and arguments during multiple hearings.
4. Judgment: The court issues a judgment based on the merits of the case. The judgment can be appealed in higher courts, such as the Court of Appeal and the Court of Cassation.
5. Enforcement: If the judgment is final, the winning party can proceed with enforcement actions to ensure compliance.

Yes, UAE law allows for interim reliefs, such as precautionary attachments and travel bans, especially in cases where there is a risk of asset dissipation or the defendant leaving the country. These reliefs can be granted by the summary court based on a claimant’s application without a full examination of the case’s merits. However, if interim relief is granted, the claimant must file the substantive claim within a specified period to maintain the relief​.