Litigation in the UAE allows both individuals and corporations to take prompt and immediate procedures which are called “Orders on Petitions”, that are usually issued by a judge of urgent matters. This procedure aims at ensuring rights, as judgments are issued during a few days without the need to exchange memos or to notify parties in most cases. This procedure helps to ensure the basic rights without reaching a disposition on the subject of dispute. Judgments are executed by force (the police) in order to ensure the speedy execution of such judgments issued by an order on petition.
Nour Attorneys & Legal Consultants team promptly submits the requests for obtaining orders on petitions in order to realizee our clients’ rights and to take immediate measures that should ensure the possibility of executing the final judgments. Moreover, such measures also ensure avoiding the delay of receiving the fundamental rights of individuals, since such rights are protected by law and are to be achieved even by force, if necessary.
Furthermore, order on petitions and their statuses vary as well as they include:
(1) Claiming the Passport from the Employer, the Lender, or the Spouse
The court issues orders on petitions to hand over passports, whatever were the reasons or motives behind holding the passport, even if this was done under the allegation of committing a crime, not paying a debt off, or holding the passport as guarantee with a party other than the courts, the prosecution or the police under a legal order or procedure for the purpose of ensuring the freedom of movement, which is a fundamental right protected by law. Holding passports against the will of their owners is against the law, whether the party holding the passport was an employer, a lender, a spouse or another person.
In this case, the court or whoever it designates shall contact the other party by phone to execute the judgment, and if the said party refuses to do so, a copy of such refusal shall be handed over to the client for submitting it to the police in order for them to execute the said judgment by force.
(2) Claiming the Precautionary Attachment of the Property and Assets of the Debtor and Preventing their Disposal
The court shall issue orders on petitions to seize the amounts in the bank accounts or those with the debtors to the other party, and prevent them from paying those amounts off to the other party until the disposition of substantive claims related to financial claims, compensation, etc. This aims at ensuring the execution of judgment on these funds and assets once a final judgment is issued. Such procedures are not limited to the confiscation of funds, but also assets, including seizure of vehicles at the traffic departments, seizure of real estate at the Land and Property Department, seizure of ships at ports and the seizure of goods at customs and the other party, as well as the assets of companies at their headquarters, lands and warehouses, by preventing the other party from disposing them until the conclusion of the substantive claim.
(3) Claiming the Ban of the Debtor or Others from Traveling
By issuing orders on petitions, the court bans the debtor from traveling by issuing orders to the Passport Department and police to circulate the travel ban order, which does not permit the arrest of the said person but preventing him/her from leaving the UAE to ensure his/her presence therein. This is usually the case when it comes to foreigners, as their stay in the UAE until a final judgment is issued is not a guaranteed matter.
(4) A Summary Proceeding for Statement of Facts
There are many other orders related to orders on petitions, including summary proceedings that are intended for statement of facts, through which the court assigns one or more experts to state the status of a particular dispute in order to ensure that the other party does not change the status of the subject of the dispute, including statement of facts related to contracting, services, real estate and other cases.
In all cases, summary proceedings vary in nature and the court may decide to cancel orders on petitions whenever the debtor or the other party provides other guarantees to fulfill the debt if it is due or a final judgment is issued. However, the possibility of providing such guarantees does not apply in cases of claiming passports as it concerns an inherent human right, the right to travel and freedom of movement.
Finally, in all cases in which you wish to get orders on petitions, you should contact our highly experienced, professional lawyers and legal consultants at Nour Attorneys & Legal Consultants to help you with that matter.
August 4, 2021
July 3, 2021