Explanatory Memorandum of Article (1) of Decree No. (28) of 2018
Concerning the Admissibility of Civil Appeals Brought before the Dubai Courts
In response to the changes brought about by the smart transformation that is reshaping the Emirate of Dubai in general, and the Dubai Courts in particular, His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE, in his capacity as Ruler of Dubai, has issued Decree No. (28) of 2018 Concerning the Admissibility of Civil Appeals Brought before the Dubai Courts.
With a view to achieving smart transformation, the Dubai Courts have implemented several initiatives aimed at streamlining litigation procedures and expediting the adjudication of cases through the use of modern technology in providing its services. These initiatives include the e-services for the registration of applications for first instance claims, appeals, provisional orders and summary court orders, and execution orders, among other services. The e-registration of civil appeals brought before the Dubai Courts applies to civil appeals brought against judgements rendered by the Court of Appeal and Court of Cassation, as well as motions for reconsideration.
The Dubai Courts have detailed the procedures for utilising these e-services, outlining the service description, the eligible beneficiaries, the required documents for appeal registration, the registration procedures, and the prescribed fees. This process guides the appellant from the registration of the appeal, through review by the Case Management Office, attendance of hearings, and up to the rendering of the judgement.
Whereas the Dubai Courts have enabled the online registration of appeals through their electronic system; whereas the e-registration process is subject to certain procedures, including verification by the Case Management Office to ensure that the appeal meets all requirements before proceeding with its registration; whereas this process may take some time, potentially delaying the filing of the appeal; and whereas these delays are beyond the appellant's control, therefore the need arose for issuing the above-mentioned Decree No. (28) of 2018.
The above-mentioned Decree No. (28) of 2018 regulates certain aspects related to the e-registration of appeals and the time limits for payment of the relevant prescribed fees and deposits. It addresses practical issues that have emerged in the process of registering appeals through the electronic system adopted by the Dubai Courts, such as the lapse of the right to appeal due to failure to pay the relevant fees and deposits within the legally prescribed time limits. This delay often occurs because the Case Management Office of the competent court requires time to review and examine the appeal documents to verify that the case meets all the requirements prescribed by the legislation in force. Consequently, the competent court may rule that the right to appeal has lapsed, or that the appeal is inadmissible in form due to failure to pay the relevant fees and deposits within the legally prescribed time limits.
To address the said issues, the above-mentioned Decree No. (28) of 2018 stipulates that such appeals will be admissible in form provided they are registered within the time limits set by the legislation in force and the prescribed fees and deposits are paid within three (3) working days from the date on which the appellant receives a payment notice from the Case Management Office of the competent court. This will be further detailed in this Memorandum.
Grounds for Requesting Interpretation of Article (1) of the Decree:
The Article Under Interpretation
Footnotes
¹ Every effort has been made to produce an accurate and complete English version of this legislation. However, for the purpose of its interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail.