Commercial Court

Competences of the Court:

The Commercial Court is one of the competent courts of First Instance and aims to enhance the vision of Dubai Courts to be "Pioneering and Internationally distinguished Courts" as it represents the United Arab Emirates as the center of enforcing the contracts within the report easing business deals issued by the World Bank and its mission is "Achieving effective justice characterized by accuracy and speed and providing judicial services accessible for all” within a system of values of “justice, independence, transparency, innovation and teamwork”. This court is concerned with commercial lawsuits, by which the plaintiffs aim to protect legal positions or financial or in-kind rights resulting from business or commercial transactions by virtue of their nature, or by virtue of practicing as a matter of professionalism, or resulting from actions and commercial transactions, as long as those disputed rights are not related with labor or personal status issues, inheritance and endowment. The Commercial Court consists of Major and Minor Departments that consider commercial lawsuits, for example, commercial contracts lawsuits, banking lawsuits, intellectual property lawsuits, companies and commercial establishments lawsuits, commercial documents, commercial agencies and exclusive distribution cases, maritime and air dispute lawsuits, arbitration lawsuits, bankruptcy lawsuits and final commercial lawsuits the total value of that doesn’t exceed AED 50,000 (Fifty Thousand Dirhams), settlements of Case Management Section, Payment Order Departments and Grievance Department. The Major Commercial Court Circuit consists of three judges headed by the most senior judge and they would consider commercial cases the value of which is not estimated and cases the value of which exceeds 10,000,000 dirhams (Ten Million Dirhams), as well as counterclaims regardless of their value. Meanwhile the Minor Commercial Court Circuit consists of a single judge and consider commercial cases, the value of which does not exceed 10,000,000 Dirhams (Ten million Dirhams), as well as counterclaims, regardless of their value. The Payment order department consists of a single judge who issues his decisions in the Payment order claims, whatever their value, and Grievance on Payment Order Circuit consists of a single judge who reviews the grievances raised on payment orders, the value of which does not exceed Fifty Thousand Dirhams.

 

Rules and Procedures

  • Commercial Law
  • List of Contracts Enforcement Procedures in Dubai Courts.
  • Enhancing Judicial Specialization in Commercial Court.

 

Cases and Articles.

  • Major Commercial Cases
  • Minor Commercial Cases
  • Payment Orders
  • Grievance

 

Major Commercial Cases

Major Commercial Cases are the lawsuits by which the plaintiffs aim to protect legal positions or financial or in-kind rights arising out of commercial businesses by virtue of their nature or by virtue of practicing as a matter of professionalism or which are arising out of commercial dealings and transactions, the value of such disputes rights is not estimated or exceeds Ten Million Dirhams and not related to Labor or personal status, inheritance and endowment issues.

Competent Department : The Major Court value vise, taking into account the rules of jurisdiction and the rules of attribution in the Civil Procedures and Transactions Code.

Formation of Circuit: Three Judges+ Session Secretary

Fees: 6%  proportional considering the segments, the maximum fees, the multiplicity of requests and the legal reasons.

Inclusion and intervention: Both are applicable taking into account the procedural rules and the law of fees.

Interlocutory Requests: Applicable taking into consideration the procedural rules and the fees law.

Strike off :  It is applicable taking into account the procedural deadlines and the fees law

Renewal after strike off: It is applicable taking into account the deadlines, procedural rules and the fees law.

Stay the proceedings : permissible

Extinguish by reason of lapse of time : permissible

Expediting: It is permissible, taking into account the deadlines, procedural rules, and payment of fees

Appeal : It is permissible, taking into account the deadlines, procedural rules, and payment of fees

Grievance : Not permissible

Review Petition : Applicable, taking into account the deadlines, procedural rules, and payment of fees

Intervention of Public Prosecution: Applicable in case the plaintiff is minor or legally incompetent.

 

Minor Commercial Cases

Minor Commercial Cases are the lawsuits by which the plaintiffs aim to protect legal positions or financial or in-kind rights arising out of commercial or civil dealings and transactions, and is not related to Labor or personal status, inheritance and endowment issues, which are known of values and less than Ten Million Dirhams

Competent Department : The Minor court value vise, taking into account the rules of jurisdiction and the rules of attribution in the Civil Procedures and Transactions Code.

Formation of Circuit:  Single Judge+ Session Secretary.

Fees: 6% of the claim amount taking into account the multiplicity of requests and the legal reasons and the maximum value of fees.

Implication and intervention: Both are applicable taking into account the procedural rules and the law of fees.

Interlocutory Requests : Applicable taking into consideration the procedural rules and the fees law.

Strike off: It is applicable taking into account the procedural deadlines and the fees law

Renewal after strike off: It is applicable taking into account the deadlines, procedural rules and the fees law.

Stay the proceedings: Applicable.

Extinguish by reason of lapse of time : applicable

Expediting:  It is applicable, taking into account the deadlines, procedural rules, and payment of fees

Grievance : Not applicable

Appeal: It is applicable, taking into account the deadlines and procedural rules provided that the claim amount must exceed Fifty Thousand Dirhams.

Petition for reconsideration : Applicable, taking into account the deadlines, procedural rules, and payment of fees

Intervention of Public Prosecution: Applicable in case the plaintiff is minor or interdicted.

 

Payment Orders

As an exception to the general rules for filing a lawsuit, the procedure of payment order will be followed if the creditor’s right is established in writing – electronically or by written document - and the debt is due and all the full claim is of cash money with specific amount or movable property with a specific type and amount. Payment Order claimant have no objection to claim for interest or compensation or taking any precautionary measures, and the creditor must follow the payment order if the financial claim is subject to the enforcement of a commercial contract or the right holder is a creditor with a commercial paper.

Formation of the Circuit: Single Judge + Session Secretary.

Fees: 6% proportional taking into account the segments, and the maximum and minimum fees.

Implication and intervention: Both are not applicable.

Interlocutory Requests: Not applicable.

Temporary dismissal : Not applicable

Stay the proceedings : Not applicable .

Grievance: Applicable, taking into account the procedural deadlines, and payment of fees provided that the claim amount must not exceed Fifty Thousand Dirhams.

Appeal : Applicable, taking into account the deadlines, procedural ruels and payment of fees provided that the claim amount must exceed Fifty Thousand Dirhams.

Petition for reconsideration: Not applicable.

Intervention of Public Prosecution: Not applicable.

 

Writs on Petitions

The Major and Minor circuits of the Commercial Court are competent to consider the writs on petitions in the cases in which the litigant has the right to issue an order by submitting it to the head of the circuit who is considering the substantive case.

Grievance: Applicable and will be submitted as subsidiary to the main case with the procedures of filing interlocutory requests.

Appeal : applicable

Fees: According to Fees Code.

Precautionary attachment

The Major and Minor circuits of the Commercial Court are competent to consider the precautionary attachment applications in the cases in which the litigant has the right to issue an order by submitting it to the head of the circuit who is considering the substantive case.

Fees: According to the Fees Code.

Grievance: applicable and will be submitted to the same Court issued the order.

 

Urgent Petitions

The Major and Minor Circuits of Commercial Court are competent to consider urgent petitions, provided that it must be subsidiary to an original substantive request.