Federal Decree by Law on Promulgating the Civil Procedure Code
We, Mohamed Bin Zayed Al Nahyan, President of the United Arab Emirates,
Having reviewed:
- The Constitution;
- Federal Law No. (1) of 1972 regarding the Competences of Ministries and the Powers of Ministers, as amended;
- Federal Law No. (10) of 1973 regarding Supreme Federal Court, as amended;
- Federal Law No. (6) of 1978 concerning the Establishment of Federal Courts and the Transfer of Jurisdictions of the Current Judicial Authorities in some Emirates thereto, as amended;
- Federal Law No. (26) of 1981 concerning the Maritime Commercial Law, as amended;
- Federal Law No. (5) of 1985 promulgating the Civil Code of the United Arab Emirates, as amended;
- Federal Law No. (11) of 1992 regarding the Civil Procedure Code, as amended;
- Federal Law No. (18) of 1993 regarding commercial transactions, as amended;
- Federal Law No. (28) of 2005 regarding Personal Status, as amended;
- Federal Decree Law No. (9) of 2016 regarding Bankruptcy, as amended;
- Federal Law No. (13) of 2016 regarding Judicial Fees Payable to Federal Courts, as amended;
- Federal Law No. (17) of 2016 Establishing Centers of Mediation and Conciliation in Civil and Commercial Disputes, as amended;
- Federal Law No. (7) of 2017 regarding Tax Procedures, as amended;
- Federal Law No. (6) of 2018 regarding Arbitration;
- Federal Law No. (10) of 2019 Regulating the Judicial Relations between Federal and Local Judicial Authorities;
- Federal Decree-Law No. (19) of 2019 regarding Insolvency;
- Federal Law No. (6) of 2021 regarding Mediation for the Settlement of Civil and Commercial Disputes;
- Federal Decree-Law No. (32) of 2021 regarding commercial companies,
- Federal Decree-Law No. (46) of 2021 regarding Electronic Transactions and Trust Services,
- Federal Decree-Law No. (32) of 2022 regarding the Federal Judicial Authority;
- Federal Decree-Law No. (34) of 2022 Regulating the Legal and Legal Consultancy Professions;
- Federal Decree-Law No. (35) of 2022 promulgating the Law of Evidence in Civil and Commercial Transactions; and
- And based on the Presentation of the Minister of Justice and the Approval of the Cabinet.
Have enacted the following Decree-Law:
Article (1)
The accompanying law shall apply to civil procedures before the courts in the State.
Article (2)
Federal Law No. (11) of 1992 regarding the Civil Procedure Code as amended, is hereby repealed.
Any provision contained in any other legislation that contradicts or is in conflict with the provisions of the Civil Procedure Code attached to this Decree-Law is hereby repealed, with the exception of the authority of the competent Authority in the Emirate that has not transferred its local judiciary to the Federal judiciary, to form special courts or judicial committees to consider and decide on any lawsuit or specific rights-related issue in accordance with its law.
Article (3)
-
The courts shall refer, without fees and of their own volition, the cases brought thereto that have already fallen within the jurisdiction of other courts pursuant to the provisions of the Civil Procedure Code attached to this Decree-Law, in their existing stage of proceedings. In the event of the absence of one of the litigants, the case management office shall serve on him the referral order and instruct him to appear on the set date before the court to which the case is referred.
-
The provisions of the preceding paragraph shall not apply to the disputes and lawsuits that have been adjudicated, or the lawsuits that have been postponed for the pronouncement of judgment, or the appeals filed prior to the effective date of the Civil Procedure Code attached to this Decree-Law and the judgments issued thereon shall remain subject to the rules regulating the appeal methods applicable on the date of their issuance.
Article (4)
The President of the Federal Judicial Council and the heads of the local judicial authorities, as the case may be, shall issue the necessary decisions to implement the provisions of the Civil Procedure Code attached to this Decree-Law.
Article (5)
This Decree-Law shall be published in the Official Gazette, and shall come into force as of January 2, 2023.
Mohammed Bin Zayed Al Nahyan
President of the United Arab Emirates
Issued by us at the Presidential Palace in Abu Dhabi: On: 28 Rabi' Al-Awwal 1446 A.H. Corresponding to: October 01, 2024 AD