Afridi & Angell
November 30, 2008 - United Arab Emirates
United Arab Emirates Dispute Resolution 2008/09
by Casipillai Chakradaran
| Commercial disputes in the United Arab Emirates (UAE) are generally resolved through litigation in the courts or arbitration. Arbitration is becoming an increasingly popular way to resolve disputes. The UAE recently signed the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (New York Convention).
General overview and court structure Court of First Instance. Court of Appeal. Court of Cassation. Ras Al Khaimah has only the Court of First Instance and Court of Appeal.
The legal system
The Constitution provides, among other things, that in the UAE: Arabic is the official language of the UAE (Article 7, Constitution).
The shari’a The Koran. This is a collection of divinely ordained rules. The sunna. This consists of the precepts and sayings of the Prophet (Hadith), and an account of his actions. There are supplementary sources of Islamic Shari’a. However, this chapter is primarily concerned with the Shari’a in its narrow sense - as a body of legal rules. To say that the Shari’a should govern judicial decisions is to refer to a process rather than to specify a result. Shari’a itself includes different schools of thought on a number of legal issues. However, it is founded on familiar concepts of justice and equity, and the practical result in commercial matters is often, though not always, the same as would be reached under Western jurisprudence. Shari’a, like Anglo-American law, strives to give effect to the intention of the parties in matters of contract. It is possible, however, that the intention of the parties will be differently construed by jurists in the two systems. For example, one recent scholarly commentator on commercial law in the Arabian Gulf States has argued persuasively that traditional Shari’a would release the parties to a contract from performance for reasons of changed circumstances or frustration of purpose in many situations where English law would instead bind the parties to their contract.
Civil law system All court proceedings are in the Arabic language. All non-Arabic language documents filed in court by the litigants must be translated into Arabic by a translator licensed by the Ministry of Justice.
The |
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