What You Need to Know About New Civil Procedure Law in the UAE

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00:00 – Introduction
00:12 – New Civil Procedure Code
01:10 – How can the service of legal notices be affected outside the jurisdiction as per the new law?
01:41 – What are the changes introduced concerning appeals?
02:16 – Can I dishonour cheques be enforced under the new Civil Procedure Law?

As part of the legislative reforms initiated by the UAE government in the year 2023, several important laws have undergone an overhauling. As such, a new Civil Procedure Code has been enforced, namely, Federal Decree-Law No. 42 of 2022, Promulgating the Civil Procedures Law (“CPL”). It does not completely replace the provisions of the old one but has definitely introduced some changes that are noteworthy.

Has the new CPL introduced another language in the courts of the UAE?

As per Article 5(2) of the new Civil Procedure Law, if the President of the Federal Judicial Council thinks it fit, he may decide that the language of the proceedings and judgments, in certain specific cases, be English. This will also include the testimonies, submission of memos and other documents to be in English. However, it needs to be kept in mind that this provision is essentially an exception and is subject to the decision of the concerned authority.

In case any matter is decided to be heard in English, the court will hear the statements of those not versed with the language through a translator, who will be under oath.

How can service of legal notices be affected outside jurisdiction as per the new law?

Following Article 11(2) of the new Civil Procedure Law, foreign service will now be affected after 21 working days have passed from the date on which the diplomatic mission in the foreign country has been notified of the documents from the Ministry of Foreign Affairs of the UAE. Earlier, service of notices or documents to parties located in countries not having a treaty with the UAE was difficult, since it was subject to a report by the mission that service had been affected.

What are the changes introduced with respect to appeals?

Appeals to the Court of Appeal will now be heard in a referral counsel room instead of in open court, as per Article 167(2) of the new CPL. The Court will decide whether to dismiss the appeal or schedule a hearing, within 20 working days, as per Article 167(3) of the law, thus discarding appeals that are without merit.

Moreover, the time frame for appeals to the Court of Cassation has been reduced to thirty days, from sixty, under Article 178 of the new law.

Can dishonored cheques be enforced under the new Civil Procedure Law?

Payment orders are an expedited way to get judgements on claims of specific amounts against a debtor. This provision has extended to bounced cheques under the new law, wherein if the issuer of a cheque does not have sufficient funds, the beneficiary in such cases can get the cheque enforced without the need to raise a substantive claim in order to determine rights and liabilities.

The enforcement of the new Civil Procedure Code and other significant legislations is a result of the continuous efforts of the UAE government to make the judiciary more evolved and in line with international standards. Further implications of this law may be the subject for discussions in the future.

For more details: https://www.professionallawyer.me/blog/civil-law/what-you-need-to-know-about-new-civil-procedure-law-in-the-uae

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