Real Estate Court

The real estate court is concerned with disputes and deductions resulting from urgent transactions and contracts related to property rights and any right in kind or inherence, and rental relationship that exceed ten years. This court is consists of Major and Minor circuits. The Major circuits are formed of three judges that look into cases with undeterminable value and those valued more than AED10 millions (ten million Dirhams) and counter cases regardless of their value.

Minor circuits consist of a single judge and look into cases valued less than the quorum of the Major court, counterclaims regardless of the value, claims to divide common assets, and the validity of signature. Since its establishment, the Real Estate Court has achieved goals and gained happiness and satisfaction of customers. The Real Estate Court publishes judicial judgements for all degrees and stages of litigation recently issued on the official website of Dubai Courts as part of its commitment for transparency in judicial work, which aims to spread legal knowledge in a way that enhances the community’s confidence in judicial security and contributes in supporting investment in the Emirate of Dubai.

Laws and Procedures

Civil and Real Estate laws

  • Dubai Real Estate decrees
  • Strengthening the judicial specialization in the Real Estate Court

Issues and materials

  • Major Real Estate cases
  • Minor Real Estate cases
  • Orders on petitions and their grievances

 

Major Real Estate Cases

Major Real Estate cases are those in which the plaintiff seeks remedies to protect his legal position, financial rights or assets in kind, resulting from dealing in real estate when those rights have undetermined value or valued more than AED 10 million, and counter cases regardless of their value.

 

Circuit composition: Three judges + session clerk (Secretary)

Fees: in accordance with judicial fees law, taking into account the fee structure, with highest sealing, and multiplicity of requests and legal reasons.

Including and Intervention:

Permissible, subject to procedural rules and fee law.

Incidental requests: Permissible, taking into account the procedural rules and fees law

Striking out: Permissible

Suspension: Permissible

Reopening of stricken off and suspended case: Permissible, taking into account the deadlines, procedural rules and the law of fees

Elapse due to expiry of legal period: possible

Expediting: Permissible, subject to deadlines, procedural rules and fees law

Review Petition: Permissible, subject to deadlines, procedural rules and fee law.

Public Prosecution Intervention: possible in accordance with the cases specified in the Civil Procedures Law.

 

Minor Real Estate lawsuits

Major Real Estate cases are those in which the plaintiff seeks remedies to protect his legal position, financial rights or assets in kind, resulting from dealing in real estate when those rights do not exceed AED 10 million, counter cases regardless of their value, division of common assets and verification of signature. However a judgment will be final if the value of the lawsuit does not exceed (50,000) fifty thousand dirhams.

 

Circuit composition: a judge + session clerk (secretary)

Fees: proportionately, in accordance with judicial fees law, taking into account the fee structure, with highest sealing, and multiplicity of requests and legal reasons.

Including and Intervention:

Permissible, subject to procedural rules and fee law.

Incidental requests: Permissible, taking into account the procedural rules and fees law

Striking out: Permissible

Suspension: Permissible

Reopening of stricken off and suspended case: Permissible, taking into account the deadlines, procedural rules and the law of fees

Elapse due to expiry of legal period: possible

Expediting: Permissible, subject to deadlines, procedural rules and fees law

Review Petition: Permissible, subject to deadlines, procedural rules and fee law.

Public Prosecution Intervention: possible in accordance with the cases specified in the Civil Procedures Law.

 

Orders on Petitions and their Grievances

Orders on Petitions are Decisions issued by judges based on petitions submitted by the parties to the case, aiming for a temporary or precautionary measure in order to preserve a right or prevent harm, according to the judges’ discretion under the reasons and circumstances thereof.

The legislator took the issue of defense guarantees for the other litigant into consideration, and given them the right to file a grievance against orders on the basis of petitions, in order to refute its reasoning and mitigate its effects for them.

Competent circuit: urgent matters circuit in the first place or the substantive circuit when there is a case under its consideration and the petition is related to this case.

Circuit composition: Major and Minor circuit

Fees: Determined in accordance with the Fees Law.

Input and interference: Not Permissible

Incidental requests: Not Permissible

Striking out: Not Permissible

Renewal: Not Permissible

Suspension: Not Permissible

Dropping due to expiry of legal period: Permissible

Expediting: Not Permissible

Grievance: Permissible, taking into account the procedural deadlines and the fees law

Plea for Reconsideration: Not Permissible