AHMAD ASSOCIATES LLC
AHMAD ASSOCIATES LLC
The United Arab Emirates is a Union consisting of the Emirates of Abu Dhabi, Dubai, Sharjah, Ajman, Umm Al Quwain, Ras -Al -Khaimah & Fujairah.
A federal judicial system is in place in UAE and the final Court of Appeal is situated at Abu Dhabi, the Federal Capital of UAE. The Emirates of Dubai and Ras -Al -Khaimah are not part of the federal judicial system of UAE and the said two Emirates have their own court hierarchical systems.
The main branches of UAE Court structure comprise civil, criminal and Sharia (Islamic) laws.
All cases of Commercial nature including maritime disputes are filed in the Civil Court of First Instance. An Appeal from the decisions of the Court of First Instance, on factual or legal grounds, is available to the Civil Court of Appeal within 30 days from the date of judgment of the Court of First Instance. The decisions from the Civil Court of Appeal is appealable before the Court of Cassation, only on points of law, within 30 days from the date when the decision of the Civil Court of Appeal is served on the litigants. The decisions of the Court of Cassation are final.
The Criminal Law in the UAE is set in motion with the lodging of a complaint by the aggrieved individual or institution with the Police Station having territorial jurisdiction. The complaint taken on file is forwarded by the concerned Police Authority to the Prosecutor's Office for investigation and recording the statements of witnesses. It is the prerogative of the Prosecutor either to refer the matter to the court or to drop the case.
All the family issues concerning only the Muslims, including matrimonial disputes; inheritances; child custody; child abuse and guardianship of minors, are adjudicated by the Sharia (Islamic) Courts in UAE. The appeals arising from the decisions of the Criminal Courts concerning the grave Crimes including rape, robbery, driving under the influence of alcohol and other related offences lie to the Federal Sharia Court of Appeal. The Sharia Courts in UAE follow the Islamic Customary Law where the provisions of the UAE codified law is silent.
The highest court in UAE is the Court of Cassation which hears the appeals only on Questions of Law. The Court of Cassation is the monitoring body which has Supervisory Authority over lower courts for ensuring the correct implementation and interpretation of Law. The Principles of Law laid down by the Court of Cassation is binding on Courts of Subordinate Jurisdiction. The Power of judicial review of Federal laws and the Laws enacted by the Emirates is also vested with the Court of Cassation. The final appeal from all the Emirates, except Dubai and Ras Al Khaimah, lie to the Supreme Court in Abu Dhabi. The Emirates of Dubai and Ras Al Khaimah have own Court of Cassation.
The United Arab Emirates is predominantly of civil law jurisprudence founded on Islamic, French, Roman & Egyptian Laws. The adherence to the Judgements of the Courts as legal precedents is generally not in vogue in UAE, though lower courts follow the judgments of higher Judiciary. Only the Citizens of UAE are permitted to represent the litigants before the courts though the said restrictions do not apply to the Arbitration proceedings.
The core principles of law in the UAE originate from Sharia and most of the legislations mainly contain European civil law principles, compared to the British common law system. Almost all commercial litigations are adjudicated by either the civil courts or the Institutional Arbitration Tribunals.
Strategically located as the Gateway between the East and the West the UAE has developed itself as a trusted Centre for international business and the International Commercial Arbitration. Dubai International Arbitration Centre (DIAC) is widely acclaimed as a convenient Venue for the Dispute Resolution. Mr. Mubarak Ahmad is an Associate Member of Dubai International Arbitration Centre. AHMAD ASSOCIATES LLC is licensed by the Sharjah Media City, Sharjah to function as a Legal & Tax Consultants.
