Today's Edition
ABU DHBAI (ALETIHAD)
The UAE Government has issued a Federal Decree-Law amending several provisions of the Civil Procedures Code, marking another leap aimed at developing the procedural structure of the civil judiciary and improving the quality of judicial work to meet the standards of contemporary justice.
The new legislation includes regulating the direct establishment of inheritance courts through a decision issued by the President of the Federal Judiciary Council or the head of the local judicial authority, without requiring the agreement of the litigants. This contributes to expediting the resolution of inheritance disputes and simplifying their procedures.
The law also permits the establishment of specialised courts to hear specific civil or commercial cases, upon the request or agreement of the parties to the case. These courts are subject to the same procedural rules, a step that enhances judicial specialisation and improves the efficiency of dispute management.
The amendment to the law also strengthened the role of technical expertise in supporting judicial decisions by enabling competent courts to engage local or international experts to prepare or review expert reports.
These courts were granted the authority to discuss these reports with the experts and task them with addressing any deficiencies or correcting errors, thus ensuring that decisions are based on accurate and reliable technical reports.
To improve procedural control, the amendments to the law require appellants to include in their appeal brief a statement of the appealed judgment, its date, the grounds for appeal, and any requests. Failure to comply with this requirement will result in the appeal being deemed inadmissible. This ends the previous practice that allowed for the completion of the grounds for appeal at the first hearing, thereby enhancing the seriousness of appeals and respect for procedural deadlines.
The amendments to the law also brought about a significant transformation in the process of appeal to the Court of Cassation. This right of appeal is now available for decisions issued by the Courts of Appeal, in addition to judgments, whereas previously it was limited to judgments only. This broadens the scope of judicial review and provides litigants with greater safeguards against impactful decisions.
Furthermore, the Attorney General is now empowered to file appeals on his own initiative or at the request of the Minister of Justice or the head of the local judicial authority, even in cases where the parties have not exercised their right to appeal or have missed the appeal deadlines. This strengthens the protection of the legal system and ensures that unlawful decisions do not evade judicial review.
By adopting these amendments, the UAE affirms its commitment to developing its judicial system according to the highest legislative standards, consolidating the concept of swift justice, and enhancing litigants' confidence in the judiciary. This steadily progresses towards building a robust legal ecosystem that supports development, protects rights, and keeps pace with the nation's legislative advancements.
