UAE Federal Decree-Law Enhances Civil Procedures Code To Improve Judicial Efficiency And Inheritance Dispute Resolution

The UAE government has introduced a Federal Decree-Law that modifies several parts of the Civil Procedures Code. This move aims to enhance the civil judiciary's procedural framework and improve judicial work quality to align with modern justice standards. The legislation includes establishing inheritance courts directly through decisions by the President of the Federal Judiciary Council or local judicial authority heads, without needing litigants' agreement.

These changes are designed to speed up inheritance dispute resolutions and simplify their processes. Additionally, specialised courts can now be set up for specific civil or commercial cases if requested or agreed upon by the involved parties. These courts follow the same procedural rules, promoting judicial specialisation and improving dispute management efficiency.

The amendments also bolster technical expertise's role in supporting judicial decisions. Competent courts can engage local or international experts to prepare or review expert reports. These courts have the power to discuss these reports with experts and address any deficiencies or errors, ensuring decisions rely on accurate and reliable technical information.

To tighten procedural control, appellants must now include a statement of the appealed judgment, its date, grounds for appeal, and any requests in their appeal brief. Non-compliance results in inadmissibility of the appeal, ending previous practices that allowed completing grounds for appeal at the first hearing. This change enhances appeals' seriousness and respect for procedural deadlines.

The amendments significantly transform the appeal process to the Court of Cassation. Now, appeals can be made against decisions issued by Courts of Appeal as well as judgments, broadening judicial review scope and offering litigants more safeguards against impactful decisions.

Moreover, the Attorney-General is empowered to file appeals independently or at the request of the Minister of Justice or local judicial authority heads. This applies even when parties haven't exercised their right to appeal or missed deadlines, strengthening legal system protection and ensuring unlawful decisions face judicial review.

Commitment to Judicial Development

By adopting these amendments, the UAE reaffirms its dedication to developing its judicial system according to top legislative standards. It consolidates swift justice concepts and boosts litigants' confidence in the judiciary. This progress supports building a robust legal ecosystem that protects rights and aligns with national legislative advancements.

With inputs from WAM