In case if disputes were not resolved, the concerned parties may resort to litigation before courts. Litigation requires a lawyer and a legal consultant who is aware of litigation procedures and the laws that may be applied by the judge to resolve the dispute as well as grievance procedures with respect to judicial rulings or appeals before the Supreme Courts. Litigation before courts may be long or short journey, and the party that has the evidence and the argument wins over the other party, as the said party has a higher chance of winning the litigation before courts.
Nour Attorneys & Legal Consultants team works through its lawyers and legal consultants to properly represent the client and follow all the procedures that would serve his interests at all stages of litigation detailed below. Such procedures are common in all the disputes in general. However, there may be minor differences, depending on the type of the case and the court before which the case has been brought, and such procedures are as follows:
1- Taking Temporary Procedures (Orders on Petitions):
Nour Attorneys & Legal Consultants team is highly professional when it comes to taking temporary procedures, such as filing urgent claims, in which the judge decides on the subject of the claim by studying the supporting documents without reaching a final decision on the dispute. Such procedures aim at ensuring the rights of parties, and they do not require much time compared to litigation procedures. Moreover, they are usually enforced by the police force if necessary or if the other party refrains from executing the court’s decision.
There are many types of temporary procedures before courts, for example:
1- Issuance of an order on petition to seize bank accounts, cars and property of the debtor in the case of outstanding debt, such as a bad cheque, acknowledgment of indebtedness or acknowledgment of indebtedness via e-mail.
2- Issuance of an order on petition to urgently assign an expert to prove the status of the project site or the percentage of completion in a contracting project.
3- Issuance of an order on petition to open a warehouse in the premises or the headquarters of the company or the office and conducting a stocktaking of its contents due to the absence of an employee or a person who has the financial custody.
4- Issuance of an order on petition to ban the debtor from traveling due to the existence of a debt owed to a foreigner residing in the United Arab Emirates.
5- Issuance of an order on petition requiring the employer or the creditor to hand over the passport to the employee or the debtor.
6- Issuance of an order on petition requiring the employer to issue a certificate of experience to the employee until the end of the labor dispute.
2- Dispute Settlement Committee:
Through its experienced lawyers and legal consultants, Nour Attorneys & Legal Consultants team represents the client before the Dispute Settlement Committee, in each court. The Dispute Settlement Committee in each court attempts to resolve the dispute amicably between parties before referring it to the court’s discretion. In each court, whether it was whether civil, commercial, labor or personal status court, there shall be a committee concerned with attempting to amicably resolve disputes between parties. If such settlement was not possible, the lawsuit shall be referred to the court.
3- First Instance Lawsuit:
At Nour Attorneys & Legal Consultants, our team is fully capable of representing clients before courts, completing lawsuit procedures, submitting memos and the defense until the issuance of a final judgment on the first instance lawsuit.
The first instance lawsuit is viewed as the first litigation stage, during which the parties (litigants) shall be notified of the existence of lawsuits against them through the court’s process server. In case if said litigants cannot be reached, investigations on them shall be carried out, or they should be notified through publishing the notification in the official state gazettes.
Upon the completion of the notification procedures of the parties, parties shall exchange memos and plead before the judge. Thereafter, the lawsuit awaits the ruling of the court. On the date of the judgment, a judgment shall be issued, whether it was a preliminary judgment by assigning an expert, determining a hearing of witnesses’ session or determining an investigation session, or a final judgment in which a final decision on the lawsuit is reached.
4- Judicial Experts Assigned by the Court:
Nour Attorneys & Legal Consultants‘ highly experienced team is ready to represent you before the expert committees, as the court assigns several experts since this is usually the case in technical matters that cannot be decided by the court. Therefore, the court may assign a subject-matter expert to provide the court with his opinion and advice. Hence, the court may accept the said advice or return it to the concerned expert one more time if one or both of the parties refuses the given advice in order for the expert to provide the court with a statement detailing the reasons for refusal.
The type and number of the experts assigned by the court vary; as experts assigned by the court may include: professional accountant experts for financial disputes, engineering experts for contracting and construction works, baking field experts for matters related to banks, loans and credit cards, insurance field experts in cases of accidents and cars, and forensic experts in fraud suits of electronic signatures and materials, etc.
Furthermore, the expert committee may include a variety of experts, such as engineering experts, accounting experts and electromechanical experts in contracting cases as well as other experts according to the type of dispute between the parties.
Our attorneys and legal consultants attend before expert committees, attend inspections and witness hearings, as well as provide expert technical reports and present cases to the assigned expert until the report is issued by the assigned expert committee.
5- The Appeal Case:
Nour Attorneys & Legal Consultants works to represent its clients in appeal cases by filing our objections to the first instance judgments as well as demonstrating our point of view on the shortcomings and weaknesses of such judgments as we request the Court of Appeal to amend the said judgments, which work to implement the same procedures mentioned in the first instance proceedings above. Hence, the court issues a preliminary or final judgment with regard to the case.
It is noteworthy that each court has a minimum value of the dispute to be appealable, and it varies according to the nature of each case as well.
6- Cassation before Supreme Courts
Nour Attorneys & Legal Consultants team, through our lawyers and legal consultants, submits appeals and responds to the opponent’s appeals before the supreme courts. Supreme Courts monitor the application of the law by the Courts of First Instance and Courts of Appeal and issue further decisions on the case in case if there is a need to correct issued judgments. Otherwise, Supreme Courts may return the case to the previous court (either the Court of First Instance or the Court of Appeal) in order for the previous court to reconsider the case after indicating the shortcomings of the previous judgment.
It is noteworthy that taking an appeal procedure before Supreme Courts requires a minimum value of the dispute or a specific nature in order for the judgment be challenged before the Supreme Courts, and the name of the Supreme Court sometimes varies according to each emirate.
7- Execution of Judgments
Nour Attorneys & Legal Consultants team, through our lawyers and legal consultants, works in the final stage to execute judgments that have been issued as final judgments and that cannot be subject to appeal (in case of appeal before the Supreme Court, appeal judgments may be executed and the suspension of execution of judgments may be requested before the Supreme Court). The execution of judgments is usually done by notifying the other party of the necessity of executing the judgment, and in case if the said party refrains from doing so, the judge shall execute the judgment by force through some mechanisms, including:
A- Addressing banks to seize future bank accounts and deposits with the value of the amounts.
B- Addressing the real estate departments to seize real estate and lands owned by the judgment debtor and to prevent him from disposing of them until they are auctioned.
C- Addressing traffic departments to seize cars and vehicles owned by the judgment debtor and to prevent him from disposing of them until they are auctioned.
D- Issuing arrest warrants against the debtor if he was a person.
E- Issue orders to the police to execute a court order if required, such as evicting tenants.
F- Other procedures.
In all such cases and stages, our attorneys and legal consultants shall represent the client and work to achieve the intended objectives of lawsuits and procedures in a strictly confidential manner. We keep our clients updated on all the lawsuits procedures, defenses submitted by parties and responses to such defenses. Furthermore, we cooperate with our clients to submit a proper defense by asking the client to provide us with documents supporting the said defense, especially in cases that involve a huge number of documents or technical materials that require being explained and simplified by technical staff prior to the lawyer’s appearance before the court.
In conclusion, you can benefit of our services during any of dispute or litigation stages by contacting our attorneys and legal consultants through our website.
August 4, 2021
July 3, 2021