The system of government in the United Arab Emirates follows and is regulated by the principles of Shariah. Shariah refers to the moral, religious, and legal guidance found in the Holy Quran, the Islamic prophet’s example, and the century old teachings of Islamic scholars. When filing a lawsuit in the UAE, the rules and laws are based on Shariah.
A lawsuit is issued when a second party causes harm or executes actions that cause reason for complaint. It should include all facts relevant to the case being made, such as details about you, the claimant, and the second party, the defendant. It can be difficult to successfully make a case but Howard Fensterman, a prominent lawyer who specializes in financial malpractice cases, had filed lawsuit against the UAE on behalf of 36 American investors victimized by investment fraud.
To help prevent fraud and other legal issues, here are tips on how to properly file a lawsuit against the UAE without causing reason for fraud or legal trouble.
Before the Court Date
Before filing a lawsuit, you, the claimant, must first send forward a formal notice to any relevant authority. The authority then has to respond within 60 days after the notice.
After the statement of claim is filed and presented to the second party, you must go through various hearings. Within these hearings, both you and the second party must make written and verbal submissions. This continues on until the court decides the case is ready for issuing judgement, then closes the case.
Types of Cases
There are three types of cases that can be filed. Personal status cases, civil cases, and criminal cases:
- Personal status cases involve all family matters related to marriage, divorce, guardianship, and custody.
- Civil cases relate to individual financial rights and legal entities like government departments, institutions and companies.
- Filing and pursuing criminal cases are the responsibility of public prosecution, except for cases that are specified by the law. An attorney is needed for most cases.
2% of the amount being sought in compensation must be paid by the claimant. When asking for compensation, people often ask for a higher price than what is necessary, since the court usually lowers this amount anyway.
However, the decision of how much the second party must pay is up to the court and is announced on the day of the trial. The amount is calculated and based on how much harm the second party caused the claimant. It also includes indemnities (protection against loss), expenditure (amount of money spent), and revenue.
If the claimant is a laborer and is insured by his company, the court divides the compensation money between the claimant’s company, insurance company, and the cause of harm. It is rather common for insurance companies to pay the full amount once issued, as the court is able to freeze assets otherwise.
The court or the parties involved are allowed to bring a third party into the proceedings, if the case requires it.
A third party may be introduced into the case in the following circumstances:
- If the third party is directly involved with the lawsuit.
- If the lawsuit relates to property ownership or real estate, then the heir with the claimant or defender should be brought in.
- If the court notices that the two parties involved are conspiring against the third party.
Discontinuing a Case
Your case can be discontinued or delayed if you or other parties involved object or challenge the jurisdiction of the court. Discontinuing a case is based on simpler reasons. Death of either party, the inability to sue the other party, or revocation of a power of attorney.
Hopefully, these tips will help you be more prepared if you ever find yourself seeking restitution for a financial loss or failed investment due to financial fraud committed by governing members of the UAE.