Постановление № (16) от 2024 года о формировании отделений судов первой инстанции и определении их компетенции

المادة 1

The following words and expressions, wherever mentioned in this Resolution, will have the meaning indicated opposite each of them unless the context implies otherwise: UAE: The United Arab Emirates. Emirate: The Emirate of Dubai. Courts: The Dubai Courts, including the Court of Cassation, the Court of Appeal, the Courts of First Instance, and any other court to be established therein. President: The President of the Dubai Courts. Courts of First Instance: These include the First Instance Civil Courts and the First Instance Criminal Courts. First Instance Civil Courts: These include the Civil Court, the Commercial Court, the Real Property Court, the Labour Court, the Family Court, and the Execution Court; as well as any other civil courts established within the Courts of First Instance. First Instance Criminal Courts: These include the Misdemeanours and Infractions Court, the Criminal Court, as well as any other criminal courts established within the Courts of First Instance. Chief Justice: The chief justice of any of the specialised Courts of First Instance. Principal Lawsuit: A lawsuit filed with the Courts of First Instance to consider the principal claims raised therein.

المادة 2

a. With the exception of the Family Court and Execution Court, the Courts of First Instance will comprise small-claim and major-claim divisions formed pursuant to a resolution of the Chief Justice, subject to the approval of the Chief Justice of the Courts of First Instance. b. The First Instance small-claim divisions will comprise a single Judge, whose grade is not lower than that of a senior First Instance Judge. c. The First Instance major-claim divisions will comprise three (3) Judges, whose grades are not lower than that of a First Instance Judge. d. The Family Court and Execution Court will comprise small-claim divisions formed of a single Judge. Major-claim divisions of these Courts may be formed of three (3) Judges, pursuant to a resolution issued by the President. The Court formation resolution must determine the respective jurisdictions of these Courts.

المادة 3

Without prejudice to the rules of jurisdiction governing the federal and local judiciary in the UAE, the rules of jurisdiction of other judicial bodies in the Emirate, and the rules of allocation of jurisdictions among the Courts of First Instance, the small-claim divisions of the First Instance Civil Courts will have the exclusive jurisdiction to hear and determine the following claims and applications: 1. civil, commercial, labour, or real property claims not exceeding one million dirhams (AED 1,000,000.00); 2. family lawsuits; 3. Bankruptcy applications, disputes, and claims; 4. counterclaims of any value that are related to Principal Lawsuits and that fall within the jurisdiction of these small-claim divisions; 5. execution applications, disputes, and claims; and 6. claims and applications that fall within the jurisdiction of these small-claim divisions under the legislation in force in the Emirate.

المادة 4

Without prejudice to the rules governing the jurisdiction of federal and local judiciary in the UAE, the jurisdiction of other judicial bodies within the Emirate, and the rules of allocation of jurisdictions among the Courts of First Instance, the major-claim divisions of the First Instance Civil Courts will have the exclusive jurisdiction to hear and determine the following claims: 1. civil, commercial, labour, or real property claims exceeding one million dirhams (AED 1,000,000.00) and claims of unquantified value; 2. administrative claims of any value; 3. counterclaims of any value that are related to Principal Lawsuits and that fall within the jurisdiction of these major-claim divisions; 4. claims that do not fall within the jurisdiction of small-claim divisions of the Courts of First Instance; and 5. claims that fall within the jurisdiction of these major-claim divisions under the legislation in force in the Emirate.

المادة 5

a. The small-claim divisions at the Misdemeanours and Infractions Court of the First Instance Criminal Courts will have the jurisdiction to hear and determine misdemeanours and infractions. b. The major-claim divisions at the Criminal Court of the First Instance Criminal Courts will have the jurisdiction to hear and determine criminal offences. c. One or more major-claim divisions may be formed pursuant to a resolution issued by the Chief Justice of the First Instance Criminal Courts, subject to the approval of the Chief Justice of the Courts of First Instance, to hear and determine misdemeanours of a special nature or that are considered significant.

المادة 6

Except for those reserved for judgement, the lawsuits being heard by the divisions of the Courts of First Instance will be referred, in their current state, to the competent division for determination, in accordance with the rules of jurisdiction stipulated herein.

المادة 7

Where it is established, at any stage of the proceedings, to a division that it lacks jurisdiction to hear a lawsuit as per the rules of jurisdiction stipulated herein, that division must, even on its own motion, decline jurisdiction and refer the lawsuit in its current state to the competent division or Court.

المادة 8

Where this Resolution is silent, the general rules stipulated in the above-mentioned Federal Law by Decree No. (42) of 2022 and other legislation in force in the Emirate will apply.

المادة 9

The Chief Justice of the Courts of First Instance will, in coordination with the chief justices of the specialised Courts of First Instance and the concerned organisational units at the Courts, issue the resolutions required for the implementation of the provisions of this Resolution.

المادة 10

Any provision in any other resolution is hereby repealed to the extent that it contradicts the provisions of this Resolution.

المادة 11

This Resolution comes into force on 1 November 2024, and will be published in the Official Gazette.