Legislation Details
- Full Title: Federal Decree by Law on Promulgating the Civil Procedure Code
- Law Type: Federal Decree-Law
- Law Number: [number] of 2022
- Issued Date: 03 Oct 2022
- Effective Date: 02 Jan 2023
- Official Gazette: No. 737
- Sector: Justice and Judiciary
- Status: Active
- Number of Articles: 681
- Chapters/Parts: 0
- Amendments: 1
Summary
This Federal Decree-Law promulgates the new Civil Procedure Code, which regulates all civil legal proceedings before the courts in the United Arab Emirates. The law aims to unify and streamline civil litigation procedures across the UAE, replacing the previous Civil Procedure Code. It covers a wide range of provisions governing the jurisdiction of courts, filing and management of cases, appearance of parties, intervention by public prosecution, court hearings, judgments, appeals, and execution of judgments. The new Code is a comprehensive legal framework that will have a significant practical impact on how civil disputes are handled in the UAE. (Federal Decree by Law on Promulgating the Civil Procedure Code, 2022, Art. 1)
What is the scope and purpose of this law?
The Civil Procedure Code applies to all civil legal proceedings before the courts in the UAE. It regulates the jurisdiction of courts, the institution and management of cases, the appearance and representation of parties, the procedures and order of court hearings, the rendering of judgments, the methods of challenging judgments, and the execution of judgments. The law aims to unify and streamline civil litigation procedures across the federal and local judicial authorities in the UAE. (Federal Decree by Law on Promulgating the Civil Procedure Code, 2022, Art. 1)
What are the key definitions under this law?
The legislation does not specify any key definitions.
What are the main obligations and requirements?
The law does not explicitly state any direct obligations or requirements imposed on individuals or companies. However, it establishes the procedural framework that must be followed in civil litigation before UAE courts. This includes requirements related to:
- Jurisdiction: The law defines the universal, subject-matter, and territorial jurisdiction of courts. (Federal Decree by Law on Promulgating the Civil Procedure Code, 2022, Arts. 19-43)
- Case filing and management: The law prescribes the procedures for instituting, registering, and determining the value of civil cases. (Federal Decree by Law on Promulgating the Civil Procedure Code, 2022, Arts. 44-51)
- Appearance of parties: The law regulates the appearance, absence, and legal representation of litigants. (Federal Decree by Law on Promulgating the Civil Procedure Code, 2022, Arts. 52-62)
- Court hearings: The law sets out the procedures and order of court hearings. (Federal Decree by Law on Promulgating the Civil Procedure Code, 2022, Arts. 73-85)
What licensing, registration, or approval requirements exist?
The legislation does not specify any licensing, registration, or approval requirements.
What rights and protections does this law provide?
The law does not explicitly enumerate any specific rights or protections granted to individuals, workers, or businesses. However, it establishes procedural safeguards and mechanisms that aim to ensure fair and efficient civil litigation, such as:
- Provisions governing the ineligibility, disqualification, and recusal of judges. (Federal Decree by Law on Promulgating the Civil Procedure Code, 2022, Arts. 116-125)
- Procedures for challenging judgments through appeal, motion for reconsideration, and cassation. (Federal Decree by Law on Promulgating the Civil Procedure Code, 2022, Arts. 151-191)
- Mechanisms for executing foreign judgments and orders. (Federal Decree by Law on Promulgating the Civil Procedure Code, 2022, Arts. 222-225)
Which authorities or bodies are responsible for enforcement?
The law empowers the following authorities and bodies for the enforcement and implementation of its provisions:
- The President of the Federal Judicial Council and the heads of the local judicial authorities are authorized to issue the necessary decisions to implement the Civil Procedure Code. (Federal Decree by Law on Promulgating the Civil Procedure Code, 2022, Art. 4)
- The law establishes the role of the "Execution Judge" who is responsible for overseeing the execution of judgments and orders. (Federal Decree by Law on Promulgating the Civil Procedure Code, 2022, Arts. 206-211)
What are the penalties for non-compliance?
The legislation does not specify any penalties for non-compliance with its provisions.
What fees, charges, or financial provisions are specified?
The law does not outline any specific fees, charges, or financial provisions.
What exemptions or exceptions apply?
The law provides the following exemptions and exceptions:
- The jurisdiction-amending provisions do not apply to cases where the pleadings have already closed before the Court of First Instance. (Federal Decree by Law on Promulgating the Civil Procedure Code, 2022, Art. 1)
- The time limit-amending provisions do not apply to time limits that have already commenced prior to the law's effective date. (Federal Decree by Law on Promulgating the Civil Procedure Code, 2022, Art. 1)
- The provisions regulating the means of challenging judgments do not apply to judgments rendered prior to the law's effective date. (Federal Decree by Law on Promulgating the Civil Procedure Code, 2022, Art. 1)
- The law does not affect the authority of local judicial authorities to form special courts or committees to consider specific rights-related issues. (Federal Decree by Law on Promulgating the Civil Procedure Code, 2022, Art. 2)
How are disputes resolved under this law?
The law establishes various mechanisms for resolving civil disputes, including:
- Provisions governing the filing, management, and adjudication of civil cases before the courts. (Federal Decree by Law on Promulgating the Civil Procedure Code, 2022, Arts. 44-85)
- Procedures for challenging court judgments through appeal, motion for reconsideration, and cassation. (Federal Decree by Law on Promulgating the Civil Procedure Code, 2022, Arts. 151-191)
- Mechanisms for the execution of judgments, including through attachments and other enforcement measures. (Federal Decree by Law on Promulgating the Civil Procedure Code, 2022, Arts. 206-338)
What are the key deadlines and time limits?
The law specifies the following key deadlines and time limits:
- Legal proceedings for the revocation of administrative decisions must be filed within 60 days from the date of publishing or serving the decision. (Federal Decree by Law on Promulgating the Civil Procedure Code, 2022, Art. 3)
- The competent administrative authority must decide on a grievance filed against an administrative decision within 60 days. (Federal Decree by Law on Promulgating the Civil Procedure Code, 2022, Art. 3)
How does this law interact with other UAE legislation?
The Civil Procedure Code repeals any provisions in other UAE laws that contradict or conflict with its own provisions, except for the authority of local judicial authorities to form special courts or committees. (Federal Decree by Law on Promulgating the Civil Procedure Code, 2022, Art. 2) The law references and interacts with several other UAE federal laws, including:
- Federal Law No. (11) of 1992 regarding the previous Civil Procedure Code
- Federal Law No. (6) of 2018 regarding Arbitration
- 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 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
When did this law come into effect?
The Civil Procedure Code attached to this Federal Decree-Law came into effect on January 2, 2023. (Federal Decree by Law on Promulgating the Civil Procedure Code, 2022, Art. 5)
Source Documents
This article analyses Federal Decree by Law on Promulgating the Civil Procedure Code for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.