Legislation Details
- Full Title: Federal Law Concerning Judicial Fees Before Federal Courts
- Law Type: Federal Law
- Law Number: [number] of 2016
- Issued Date: 23 May 2016
- Effective Date: 01 Jul 2016
- Official Gazette: No. 597
- Sector: Justice and Judiciary
- Status: Active
- Number of Articles: 85
- Chapters/Parts: 0
- Amendments: 2
Summary
This Federal Law regulates the judicial fees charged before the federal courts in the United Arab Emirates. Its purpose is to establish a comprehensive framework for calculating, collecting, and managing court fees across civil, criminal, and other legal proceedings. (Federal Law Concerning Judicial Fees Before Federal Courts, 2016, Art. 1) The law is significant for businesses and individuals in the UAE as it provides clarity on the fees they may be required to pay when engaging with the federal court system. It outlines the specific fee structures, exemptions, and collection procedures, helping to ensure transparency and consistency in the judicial process. (Federal Law Concerning Judicial Fees Before Federal Courts, 2016, Arts. 2-40)
What is the scope and purpose of this law?
The scope of this Federal Law is to regulate the judicial fees charged before the federal courts in the UAE. It applies to all actions, appeals, and motions filed before the federal courts, which are registered or filed following the effective date of the law. (Federal Law Concerning Judicial Fees Before Federal Courts, 2016, Art. 1) The purpose of the law is to establish a comprehensive framework for the calculation, collection, and management of court fees across civil, criminal, and other legal proceedings before the federal courts. It aims to provide clarity and consistency in the judicial fee structure. (Federal Law Concerning Judicial Fees Before Federal Courts, 2016, Art. 1)
What are the key definitions under this law?
The law does not provide any specific definitions. It focuses on outlining the rules and procedures for calculating and collecting judicial fees before the federal courts.
What are the main obligations and requirements?
The main obligations and requirements under this law include:
- Fee Calculation: The fee shall be calculated according to the Schedule of Court Fees before Federal Courts attached to the law. The Cabinet may amend the schedule by up to 50% of the original fee. (Federal Law Concerning Judicial Fees Before Federal Courts, 2016, Art. 2)
- Fee Payment: No action or appeal shall be registered, and no motion shall be heard without full payment of the due fee, unless a law or resolution exempting or postponing the fee is issued. (Federal Law Concerning Judicial Fees Before Federal Courts, 2016, Art. 3)
- Elements Included in Fee Calculation: The calculation of the fee shall include profits, interests, damages, returns, expenses, and other supplements of a known value. (Federal Law Concerning Judicial Fees Before Federal Courts, 2016, Art. 4)
- Calculation of Action Value: The value of an action shall be calculated based on the demands of the litigants upon instituting the action, with the final calculation made in accordance with their closing arguments. (Federal Law Concerning Judicial Fees Before Federal Courts, 2016, Art. 5)
What licensing, registration, or approval requirements exist?
The law does not specify any licensing, registration, or approval requirements. It focuses on the calculation and collection of judicial fees before the federal courts.
What rights and protections does this law provide?
The law does not explicitly provide any specific rights or protections. It is primarily focused on the regulation of judicial fees.
Which authorities or bodies are responsible for enforcement?
The law does not specify any particular authorities or bodies responsible for the enforcement of the judicial fee provisions. It outlines the general rules and procedures to be followed by the federal courts.
What are the penalties for non-compliance?
The law does not provide any specific penalties for non-compliance with the judicial fee requirements. It focuses on the administrative aspects of fee calculation, collection, and management.
What fees, charges, or financial provisions are specified?
The law provides the following key financial provisions:
- Schedule of Court Fees: The fees shall be calculated according to the Schedule of Court Fees before Federal Courts attached to the law. The Cabinet may amend the schedule by up to 50% of the original fee. (Federal Law Concerning Judicial Fees Before Federal Courts, 2016, Art. 2)
- Security for Appeal: The appellant shall deposit a security of AED 2,000 with the court's treasury, which shall be confiscated if the appeal is dismissed or refunded if the judgment is entered in favor of the appellant. (Federal Law Concerning Judicial Fees Before Federal Courts, 2016, Art. 8)
- Fees for Service Abroad: The applicant for serving a notice abroad shall bear all the expenses prescribed in the state where the notice is required to be served. (Federal Law Concerning Judicial Fees Before Federal Courts, 2016, Art. 12)
What exemptions or exceptions apply?
The law provides the following exemptions and exceptions:
- Postponement by Chief Justice: The Chief Justice may postpone the payment of fees. (Federal Law Concerning Judicial Fees Before Federal Courts, 2016, Art. 28)
- Exemption by Minister of Justice: The Minister of Justice may exempt certain individuals or entities from paying the fees. (Federal Law Concerning Judicial Fees Before Federal Courts, 2016, Art. 29)
- Exemption by Operation of Law: Certain individuals or entities may be exempted from paying the fees by operation of law. (Federal Law Concerning Judicial Fees Before Federal Courts, 2016, Art. 30)
- Exemption by Court Order: The court may exempt individuals or entities from paying the fees. (Federal Law Concerning Judicial Fees Before Federal Courts, 2016, Art. 31)
How are disputes resolved under this law?
The law does not specify any dispute resolution mechanisms. It focuses on the administrative aspects of judicial fee calculation and collection.
What are the key deadlines and time limits?
The law does not provide any specific deadlines or time limits. It focuses on the general rules and procedures for calculating and collecting judicial fees.
How does this law interact with other UAE legislation?
The law references several other UAE federal laws, including:
- Federal Law No. (1) of 1972 on the Competences of Ministries and the Powers of Ministers
- Federal Law No. (10) 1973 Establishing the Supreme Federal Court
- Federal Law No. (6) 1978 Establishing Federal Courts and Transferring the jurisdictions of the Local Judicial Authorities in Some Emirates thereto
- Federal Law No. (8) 1978 Exempting the Government from Court Fees and Fees of Motions, Certificates, Documents and Photocopies of Judgments
- Federal Law No. (11) 1992 Promulgating the Civil Procedures Code
- Federal Law No. (35) 1992 Promulgating the Penal Procedures Code
- Federal Law No. (32) 2005 regarding the Court Fees Payable before the Federal Courts
(Federal Law Concerning Judicial Fees Before Federal Courts, 2016, Preamble)
When did this law come into effect?
This Federal Law Concerning Judicial Fees Before Federal Courts came into effect on 1 July 2016, as stated in the Effective Date section. (Federal Law Concerning Judicial Fees Before Federal Courts, 2016, Effective Date)
Source Documents
This article analyses Federal Law Concerning Judicial Fees Before Federal Courts 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.