Legal Update Concerning the Enforceability of Dubai Court Decision No. (4) Of 2020

The key answers, which provide further clarification to the application of the Decision, are as follows:

1. When will the remote court sessions be effective?

Sunday, 19 April 2020.

2. What is meant by remote attendance?

The use of video and audio communication technologies provided by Dubai Courts for use by all the parties to the case with the aim of holding the specified session without the need for an actual appearance at the court building.

3. What kind of cases are included within the remote sessions, and are criminal cases included?

All types of cases of all levels are included, with the exception of criminal cases.

Criminal cases continue to be postponed until Sunday, 17 May 2020

     4. What technology will be used for the attendance of the remote sessions, and do they require any subscriptions? What happens if there are technical difficulties which prevents access; who should be contacted?

Sessions will be conducted through Microsoft Teams. This program does not require any fees or pre-subscription. In case of any technical difficulties, please text 0563347777 on WhatsApp.

5. How will remote sessions be conducted? Will a special invitation be extended to the parties to attend the session? Will the session time be the same as previously scheduled on the e-system?

There will be no special invitations sent to the parties to attend the remote session. All parties to the case must visit the court website (www.dc.gov.ae) during a specified time, using Chrome, and select the following: ‘Public Services’ – ‘Sessions Agenda’ – then select the relevant Chamber. Sessions will be conducted at the same time as previously scheduled; there will be no change in timings.

     6. Who will be responsible for notifying the other party of the date?

The defendant is notified in accordance with the Civil Procedure Code, with permission to use modern technology, such as phone messages, e-mail, or other electronic means.

7. Are there any specific conditions which must be complied with to attend the session?

All of the parties to the litigation must comply with the general guidelines that were previously followed to attend sessions, and to remain civil, respectful, comply with the formal dress code, and refrain from speaking until the competent judge’s approval.

8. Can people outside the UAE remotely join the session?

Yes, all relevant parties may attend the session even if they are outside the country

9. How will identity checks be conducted?

Emirates ID card and Lawyer’s Card (for the lawyer) must be presented.

10. What are the specific mechanisms for presenting the documents during the hearing?

Documents will be submitted to the Dubai Courts using the smart requests applications ‘Show Documents’.

11. Are the planned remote sessions inclusive of the sessions in which judgment will be issued? How will judgment be obtained?

Judgment sessions will not be included in the remote sessions. Until the judgment is issued on a specified date, the judgment can be obtained by subscribing to the electronic and smart system of Dubai Courts.

12. Are there any legal consequences of not remotely attending the session?

The current situation has been taken into consideration, and it has been emphasized that no decision to strike off any case or postponement will be issued in the event that the parties do not attend the remote session specified.

Mohamed Abdelrehiem

Litigation Director

Amira Nassar 

Associate

Matouk Bassiouny & Ibrahim