UAE Updates Civil Procedures Code: New Rules On Inheritance Disputes, Expert Reports
The UAE government announced on Thursday several amendments in the Civil Procedures Code, "aimed at developing the procedural structure of the civil judiciary and improving the quality of judicial work to meet the standards of contemporary justice."
Among the changes is the establishment of inheritance courts by a decision of the President of the Federal Judiciary Council or the head of the local judicial authority, without requiring the agreement of the litigants. This will expedite the resolution of inheritance disputes and simplify their procedures.
Recommended For YouOther amendments include:
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The establishment of specialised courts to hear specific civil or commercial cases, upon the request or agreement of parties to the case, to have a more efficient dispute management. Strengthening the role of technical experts in supporting judicial decisions by enabling competent courts to engage local or international experts to prepare or review expert reports.Courts can discuss the reports with the experts and task them with addressing any deficiencies or correcting errors to ensure accurate and reliable technical reports. To improve procedural control, appellants can include in their appeal brief a statement of the appealed judgment, its date, the grounds for appeal, and any requests. Failure to comply with this requirement will render the appeal inadmissible. This ends the practice that allowed grounds for appeal to be completed at the first hearing, thereby enhancing the seriousness of appeals and respect for procedural deadlines.
Regarding appeal to the Court of Cassation – this right of appeal is now available for decisions issued by the Courts of Appeal, in addition to judgments, whereas previously it was limited to judgments only. This broadens the scope of judicial review and provides litigants with greater safeguards against impactful decisions. The Attorney General is now empowered to file appeals on his own initiative or at the request of the Minister of Justice or the head of the local judicial authority, even in cases where the parties have not exercised their right to appeal or have missed the appeal deadlines.
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