Founded in the year 1970, Dubai Court has come to be known as prompt and equitable in the implementation of justice.
From the previous article, we have covered the Court of First Instance, the first stage of Dubai’s legal process which is composed of a single Judge and an exclusive jurisdiction over any application in accordance with the DIFC’s laws and regulations may it civil or commercial.
Whether the verdicts are Criminal or Civil or minor or major cases issued by First Instance Courts of Personal Status, Civil, Commercial, Real-estate or Labor; The Court of Appeal and the Court of Cassation both work in these mentioned circuits as its jurisdiction.
What happens during the second stage of processing your claim? What should be taken care under this stage?
Court of Appeal is the second degree of litigation and competent in looking into a contest to verdicts and judgments of First Instance Court, which are dissatisfied by convicted people. In other words, if the ruling of the Court of First Instance to be not satisfactory to the distressed party, an appeal may be filed. When a dispute is needed and considered as facts, the Court of Appeal will allow the dispute again allowing to file further submissions and evidence.
The minimum cash limit for the jurisdiction of the court is AED. 20,000. However, in cases where the value is less than AED 20,000, permission of the Court must be sought before the appeal is filed.
The circuit involved of this Court is formed by three Judges presided by one of them. The disputant can file criminal, civil, commercial, administrative or personal law jurisdiction; and may involve cases concerning personal status, contract violations, real-estate or labor. Both minor or major cases.
The distressed party must appeal the decision of the Court of First Instance before the Court of Appeal within 30 days and may be extended in some circumstances. Failure to observe the time limit for filing on an appeal will result in the decimation of the right of appeal.
Jurisdiction, the time limit, value of claims, and judges are cited. Next in line is the procedure both parties should undertake. First, all the relevant documents, pleadings, memoranda and evidence must be submitted to the Court of Appeal by both the parties. Then, the parties are invited to comment on the submissions. Counter appeals are accepted as well, on the condition that they are filed before the date of the first hearing in the appeal. After this, the Court of Appeal reserves the matter for judgment.
Commercial Cases of Full Jurisdiction
Commercial cases of full jurisdiction are cases in which the plaintiffs aim to protect legal positions, pecuniary or property rights resulting from commercial acts by nature or by practicing trade professionally or those resulting from commercial dealings or transactions whenever the disputed rights are not determined in value or that this value is in excess of 100000 Dirham provided they are not related to labor relationships, personal status, estates or Wakes.
Civil Cases of Full Jurisdiction
Civil cases of full jurisdiction are cases in which the plaintiffs aim at protecting legal positions, pecuniary or property rights resulting from civil acts whenever the value of these rights are undetermined or in excess of 100000 Dirham and do not relate to commercial dealings or transactions, labor relationships, personal status, estates or Wakes.
Civil and Commercial Cases of Summary Jurisdiction
Civil and commercial cases of summary jurisdiction are cases in which the plaintiffs aim at protecting legal positions, pecuniary or property rights deriving and resulting from civil or commercial transactions or dealings and do not relate to causes connected with labor relationships or personal status and estates and wakes, whenever these cases are determined in value and this value is not in excess of 100000 Dirham.
Labor Cases of Full Jurisdiction
Labor cases of full jurisdiction are cases introduced by workers against their employers in the private sector in order to protect their rights emanating from the labor relationship by virtue of labor contracts supervised by the concerned ministry, whenever their value is in excess of 100000 Dirham.
Writs of Performance
Writs of performance are orders on the petition and are considered an exception to the general rule of raising a lawsuit to recover rights. It is practiced whenever the creditor's right is evidenced in writing, due for payment and the right claimed is a monetary debt determined in value. It is also practiced in the right owner is a creditor by virtue of a commercial paper and his claim is restrictively addressed to the drawer, the maker, the acceptor or the guarantor. The request to issue the order must be preceded by a five-day prior notice addressed by the creditor to the debtor asking him to effect payment. The amount claimed in the notice of payment may not be less than the right claimed in the petition to issue the order of payment.