Disclosure of Documents

What are the documents disclosed from one party to another? What are the rules and regulation for the same?

Each party files the document as per their convince and that is considered as a strong proof. Even though there is no particular inspection in the documentation part there is no special obligations too. However, a party can request the court to impel the opponent party for submitting the written document or paper in his or her possession. In the instances of join documents, opponent based his or her claim on any stage of the lawsuit.

There are certain procedures where court may demand for documents to be provided in electronic form also but there are no limitations based for applying the proof of document

Privileged Documents

The communication between the UAE Advocate and the client are known to be the privileged communication but these conversations are not extended to the legal consultants i.e., a foreign advocate, who can be called on to disclose information by an order of the court. Communication occurred between legal advisor and the client is not considered as a privileged communication because the legal advisor will be known as an employee hired by the client.

The concept of “without prejudice” correspondence is not recognised. Any correspondence marked “without prejudice” and brought into existence expressly for the purpose of forwarding genuine settlement negotiations and can be filed in court. Therefore, usually the settlement negotiations are not documented.

UAE is being an emerging hub for arbitration because numerous companies choose to keep their regional offices in the country where many expats invest in real estate. It’s been recognised as a successful hub due to its investor-friendly laws, internationally recognised principles and efficient enforcement mechanisms. The procedural laws of the UAE provide cost-effective and fast-track legal resolutions.

Not even the individual but businesses from across the Gulf often choose to bring their cases to the UAE in Dubai International Financial Centre (DIFC) courts and the Abu Dhabi Global Market (ADGM) courts. However as per Article 24 of the DIFC Court Law, which allows DIFC courts’ jurisdiction to ratify judgments from foreign courts. “Judgment creditors often approach the DIFC Courts seeking ratification of the orders rendered by the non-UAE courts, in circumstances where the judgment debtor has assets in the UAE,”

After the enforcement of foreign award, the UAE has now become a formality, there is no wonder that more and more companies are choosing the UAE to conduct their business; this shows a lot of trust in the UAE legal system.

In UAE, because of the tax and ownership benefits Many foreign companies choose to open their businesses in free zone.  such as the DIFC courts and the ADGM courts. However, on offshore arbitration they operate under respective laws of UAE excluding the DIFC and ADGM court.

As per the current situation, majorly clients prefer to use arbitration centres rather than bringing cases to court.  The most common arbitrations refer to contractual breaches, oil and maritime disputes – specifically the cases were the parties have previously agreed to submit their dispute to arbitration because of the diversity of international arbitrators rather than the court performance.

Furthermore, there are domestic arbitrations as well which is known to be the alternative litigation wherein most of the arbitration revolve around the real estate industry.