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What Do You Need to Know About the Limitation Period in the UAE?

Limitation period refers to the time period within which a claim has to be submitted before the rightful forum or court. When a claim is submitted before the limitation period closes, the same will be accepted by the courts, and in the case of the latter, it will be subject to further rules and, in most cases, such a claim can be rejected for exceeding the time limit prescribed by law. The limitation period can, in this sense, be better understood as a technical rule of qualification for a claim. There are many reasons for this rule of practice; one such rule is to ensure that a claim is being submitted for adjudication within a reasonable time period. Lack of this rule can, in other words, create a chaotic litigation system that wouldn’t serve the purpose of reasonableness or justice.

The limitation period is, however, much more than a simple rule referring to a specific time limit, and in fact, it cannot be summarized in a single rule. There exist different time limits applicable for different types of claims. Such rules will be discussed in this article, along with the supplementary conditions that are to be satisfied when ascertaining the applicable time limits.
Limitation period applicable for various types of claims:
As we discussed, there are different time limits or limitation periods that apply to different types of matters. For instance, the limitation period that applies to a contractual claim would be different than what applies to an employment dispute claim.

General Contracts: Generally, for contractual claims, the limitation period is set to run for fifteen years and lapses upon reaching this time period when there does not exists any valid legal excuse for further extension in time (Article 473).
Commercial Contracts: The above limitation of fifteen years runs for general contracts, while for commercial contracts, the limitation period is limited to ten years instead of fifteen.

Construction Contracts: For construction contracts, the period of limitation runs for ten years or longer, if so, agreed between the parties, and for this time period, both the architect and the contractor remain liable for defects that can endanger the solidity or security of the building (Article 880). Contract for sale of goods: When a matter concerns the sale of goods or a claim for terminating a contract of sale of goods or reducing the price for the goods etc. the general norm is that the limitation period shall run for one year from the date of delivery of the goods (Article 524).

Employment Disputes: For employment disputes, pursuant to the latest changes introduced by the ‘ministerial decision no. 47/2022 on regulating labour disputes and complaints procedures’, either the employee or the employer may submit a labour complaint within thirty days of any breach of the obligations of either of them towards the other as stated in the employment contract or as per the employment law and its executive regulations.

Other Rules concerning limitation period:

As we discussed earlier, the limitation period is much more than a few simple rules referring to the time limit and include amongst others the following rules in its application:

The limitation period shall run only from the day on which the debt has become due or from the day on which the claim conditions have been realized (Article 478).

Further, the period of limitation is calculated in days, with the first day not being counted. The time limitation shall end on the last date of the prescribed limit; however, if the said date is an official holiday, then the time limit shall be extended to the following day (Article 480).

The limitation period can be interrupted in between whenever there exists a lawful excuse to gain such exemption and, thereby, the period for which such lawful excuse runs could be exempted from the overall time limit applicable (Article 481(1)). Similarly, the limitation period also gets interrupted upon the institution of a court claim or any legal proceedings instituted by the creditor claiming his right (Article 484). The limitation period can also be considered to have been interrupted when there is an express or tacit admission of the right by the debtor (Article 483). Further, whenever the time period of limitation gets interrupted pursuant to Article 485 (1), a new prescription period shall commence, which shall have the same duration as that of the former one.

It is also not permissible for parties to agree upon the term for limitation other than what has been fixed by the law (Article 487).

The limitation period constitutes a crucial technical ground for the admissibility of a claim. However, that said, the parties can still make submissions explaining the delay in the submission of a claim when lawful excuses exist. In such instances, the court would decide the justification of such lawful excuse, and the admissibility of the claim pursuant to the rules governing limitation shall be subject to preliminary adjudication. It is critical to gain a thorough understanding of the rules governing limitations in order to avoid potential losses in the future.

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Introduction We have discussed personal status laws applicable to the entire UAE in the previous articles. We now shift our focus to the Emirates of Abu Dhabi, which introduced a new law, called the Abu Dhabi Law No. 14 of 2021 (Abu Dhabi non-Muslim Personal Status Law) and executive regulations under it. This law applies to non-Muslim foreigners and non-Muslim locals in Abu Dhabi and marks a distinct change in approach towards family law matters in the Emirates of Abu Dhabi. It is noteworthy to mention that the new federal personal law for non-Muslims, Federal Decree-Law No. 41 of 2022, has been enacted in furtherance of this law only, and there are striking similarities between these two pieces of legislation. The following text discusses the Abu Dhabi law and some of its provisions. What is the New Law? Abu Dhabi non-Muslim Personal Status Law applies only in Abu Dhabi. While the key changes related to no-fault divorce, joint custody and financial rights of the wife will be discussed in detail later, some other notable changes brought about by this new law are as follows: 1) It has recognized the concept of civil marriage and gives equal rights to both men and women, irrespective of gender, which is similar to the western concept and is compliant with the United Nations Human Rights Declaration. 2) The non-Muslim expatriate is entitled to nominate his inheritance according to his wishes, regardless of the Islamic principles which restrict issuing the will to one of his heirs or giving the heir more than one-third of the assets. 3) It also does not prescribe any difference in using the witness statements of males and females. This is unlike the law applicable to Muslims in the UAE under which two females and one male are required if any witness testimony is presented before any family court. Equal rights are also given regardless of gender in case of inheritance.  When Can the Courts Apply This Law? Given the exceptional bouquet of rights provided by the Abu Dhabi non-Muslim Personal Status Law to non-Muslims, it is important to understand when the Abu Dhabi courts will exercise jurisdiction. Abu Dhabi courts will have jurisdiction if both expatriates are residents, or have their current or former place of work in Abu Dhabi. Courts will also have jurisdiction even if the defendant is a foreigner with no residence in Abu Dhabi but: 1) The case is regarding divorce concerning a civil marriage concluded in Abu Dhabi; or 2) The defendant’s chosen domicile is in Abu Dhabi; or 3) One of the defendants has a residence or place of work in Abu Dhabi; or 4) The wife is the claimant and is based in Abu Dhabi. If based on the above factors, the courts in Abu Dhabi decided to exercise jurisdiction, they may apply the Abu Dhabi non-Muslim Personal Status Law in the following circumstances: 1) if the applicant is a non-Muslim local; 2) if he is a non-Muslim expatriate, he holds citizenship of a country which does not apply the Shariah principles; or 3) if the non-Muslim concluded his marriage in a country which does not apply the Shariah principles; or 4) if the case relates to divorce or civil marriage concluded in Abu Dhabi. If any of the above factors do not exist, then even if the courts in Abu Dhabi have jurisdiction, they may not apply the new law. Divorce Proceedings One of the key changes introduced by the new law is the changes in divorce proceedings. Under the new law, a spouse can apply to the courts for a divorce based on a no-fault application. The spouse only has to show willingness for ending the marital relationship, without showcasing any damage or blaming the other party. The courts will decide this application in the first hearing itself. That said, the first hearing will take place after 30 days from the date of application, to give parties time for potential reconciliation. Conclusion What are the new rules on the custody of children? What financial rights does a wife get under the new law? We will explore these questions in the next and final part of this series. Disclaimer: The above information might not apply if both parties are non-muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-muslim expatriate residents in case none of them wanted to apply his/her home country's law in the UAE. To know more information about this law, please feel free to click this link. https://www.professionallawyer.me/legal-articles/family-law/law-on-family-matters-for-expats-living-in-uae-part-iv
Is an Appointed Defense Lawyer Allowed to Refuse a Case in the UAE?
Under the laws of the United Arab Emirates, a lawyer is required to show integrity, honor and complete professional commitment while performing legal services for the clients. The lawyer should preserve the interests of his clients, whether financially or morally, by any means available and provide services with due diligence. A lawyer is required to be professional in all his actions. Laws Governing the Professional Conduct of Lawyers The laws regulating the legal profession and the conduct of lawyers in the UAE is the Federal Law No. 23 of 1991 (Federal Law) read with the Ministerial Decision No. 666 of 2015 on the Rules of Professional Conduct and Ethics of the Legal Profession in UAE (Ministerial Decision). The Emirates of Dubai also has a law called the Dubai Executive Council Decision No 22 of 2011 which regulates the provision of legal services in the Emirates of Dubai. Defending an Accused Under Article 24 of the Federal Law, if a court delegates a lawyer to defend a person who is accused of an offence punishable by either a death sentence or imprisonment of at least 10 years, the lawyer will have to appear and defend the person for whose defense he was delegated by the court, in all court sessions. Having said that, Article 4 of Federal Law No. 35 of 1992 (Criminal Procedure Code) states that if there are valid reasons or impediments that the appointed lawyer is facing due to which he is not in a position to defend the accused, he has to promptly inform the criminal assize court who will assess the reasons provided by the lawyer. If the reasons are considered valid, the president of the court will remove him from the case and assign a new lawyer to defend the accused. A lawyer may also not withdraw from representation of his client in case such withdrawal results in a direct and imminent damage to the interests of the client. Where the lawyer has been delegated by the court, the fees will be estimated by the courts and paid to the lawyer from the Ministry of Justice upon settlement of the case under Article 24 of the Federal Law. A lawyer is required to be paid his fees/honoraria in accordance with the fees agreed with the client. The courts may, on request of the client, reduce the fees payable to the lawyers if the courts feel that the fee is overstated given the efforts made by the lawyers and for benefit of the clients under Article 29 of the Federal Law. Other Issues of Note Conflict of Interest: In the event a lawyer is representing clients among whom a conflict of interest has arisen, the lawyer is required to withdraw from representing such clients promptly, and notify the concerned parties. In fact, lawyers should not accept any mandate of representation if such representation is likely to lead to a conflict of interest between such party and a former client. In case the conflict of interest did not exist at the time of commencement of lawyer’s representation of the client, but arose or became known later, the lawyer must notify the client, and either terminate the relationship or obtain a waiver of conflict from the conflicted parties under Article 4(b) of the Ministerial Decision. Work contrary to honor or ethics: There are many facts or circumstances which may arise during the course of a lawyer’s representation of the client. Under Article 35 of the Federal Law, if any of the facts or circumstances contradict with the honor or traditions of the legal professional, the lawyer is entitled to withdraw its representation. The lawyer has to perform his work with honor, trust and in line with the ethics of the profession. Conclusion A lawyer regulated under the UAE laws is required to be professional, maintain the highest standards of ethics, honor and integrity. Any refusal by a lawyer to represent his clients should be on valid and reasonable grounds. https://www.professionallawyer.me/blog/civil-law/is-an-appointed-defense-lawyer-allowed-to-refuse-a-case-in-the-uae/
All You Need to Know About Maritime Trade Law in the UAE
The United Arab Emirates is the central shipping point in the Middle East, operating several ports in the country, which contribute substantially to the GDP of the UAE. The law regulating the shipping industry and maritime trade is the Federal Law No. 26 of 1981 (Maritime Code). The Maritime Code regulates the procedure of registration of vessels, contracts of carriage, liens, limitation of liability, accidents or collisions of vessels, and arrest and sale of the vessels, amongst other things. Vessels Having UAE Nationality The Maritime Code defines vessels under Article 11/1 as follows. A vessel is any structure normally operating, or set for the purpose of operating, in the field of maritime navigation, regardless of its power, tonnage, or the purpose of navigation thereof. Every vessel is required to have a name, nationality, a flag to fly and a port of registry under Article 13. The registration and flag of the vessel determine its nationality and the country which exercises regulatory control of the vessel. According to Article 15, every vessel which holds the nationality of the UAE is required to fly the flag of the UAE. For a vessel to acquire the nationality of the UAE, it must be registered in any of the UAE’s ports and owned by a natural or juridical person having UAE nationality. In the event of an LLC, at least 51% of the capital has to be owned by persons holding UAE nationality and directors of the same nationality under Article 14. A vessel cannot sail while flying the flag of UAE unless it is registered under the Maritime Code. Legal Capacity of the Ship A ship does not have the legal capacity to be sued and therefore, any claim arising out of or in connection with a ship has to be filed against the ship’s registered owners and not against the ship itself. Can a Vessel be Mortgaged? Yes, a vessel whose total tonnage exceeds ten tons may be mortgaged. This is provided under Article 97 of the Maritime Code. The mortgage of the vessel is undertaken by entering into a mortgage contract under Article 99, which should set out the name of the vessel, capacity, nationality, port of registration and the date of the certificate of registration. Once the mortgage has been secured, it has to be registered at the bureau of the port of registration of the vessel under Article 102. The Maritime Code does not specify the mandatory terms of the mortgage and it appears that the legislator left it to the parties to determine the terms and conditions of the mortgage. That said, Article 1440 of Federal Law No. 5 of 1985 clarifies that the terms of the mortgage expire upon the expiration of the debt. The Arrest of the Vessel A vessel can only be arrested in satisfaction of a “maritime debt”. A maritime debt has been defined under Article 115 of the Maritime Code. Article 115/2 states that: The expression “maritime debt” shall mean a claim in respect of a right arising out of any of the following causes: 1) Damage caused by the vessel because of a collision or otherwise 2) Loss of life or personal injuries occasioned by the vessel and arising out of the use thereof. 3) Assistance and salvage. 4) Contracts relating to the use or exploitation of the vessel under a charter party or otherwise 5) Contracts relating to the carriage of goods under a charter party, bill of lading, or other documents, 6) Loss of or damage to goods or chattels being carried on board the vessel 7) General average. 8) Towage or pilotage of the vessel. 9) Supplies of products or equipment necessary for the utilization or maintenance of the vessel, in whichever place the supply is made. 10) Construction, repair or fitting out of the vessel, and costs of it being in dock. 11) Sums expended by the master, shippers, charterers or agents on account of the vessel or account of the owner thereof. 12) Wages of the master, officers and crew, and other persons working on board the vessel under a contract of maritime employment. 13) A dispute as to the ownership of the vessel 14) A dispute in connection with the co-ownership of the vessel, or with the possession or use thereof, or with the right to the profits arising out of the use thereof. 15) A maritime mortgage How to File for a Ship Arrest? In order to file a ship arrest application, the party must provide a power of attorney signed by it in favour of a local advocate, and the power of attorney must be signed before a notary public in the UAE. The application for ship arrest is to be filed with the civil court having jurisdiction. The ship arrest will only be ordered for the satisfaction of a maritime debt. An arrested vessel is forbidden to sail under Article 118. Setting Aside an Order for Arrest According to Article 118/2, an order of arrest can be set aside by the civil court if a guarantee or any other security is presented before the court which is sufficient to satisfy the debt. However, where the maritime debts relate to the dispute as to ownership, co-ownership, possession, use or right to profits arising out of the use of the vessel, the order of arrest may not be set aside under Article 118/2. Conclusion The laws governing the shipping industry in the UAE are complex and wide, although it is clear that the goal is to promote domestic and foreign trade in the country, economic security and develop UAE as the biggest maritime location in the world. https://www.professionallawyer.me/legal-articles/maritime-law/all-you-need-to-know-about-maritime-trade-law-in-the-uae
Appeal Procedure Before UAE Courts
A decision issued by the Court of First Instance, which is the primary court, whether in a civil or criminal matter, may be appealed before the Court of Appeal. Grounds of Appeal in Criminal and Civil Matters The Court of Appeal may hear the appeal from the Court of First Instance on specified grounds. Under Article 158 of the Federal Law No 11 of 1992 (Civil Procedures Law), the following decisions may be appealed: 1) The decisions issued within the final quorum by the court of first instance, due to breach of the jurisdiction rules related to the public policy or because of the occurrence of an invalidity in the judgment or the decision or an invalidity in the procedures which has affected the judgment or the decision. 2) All the judgment or decisions within the final quorum may be appealed as well if the decision was issued in contradiction to a preceding judgment or decision not having acquired res judicata effect, and in such circumstance, the preceding decision shall be considered appealed by the force of law if it hasn’t become final when the appeal was filed. The appeal has to be filed within 30 days from the date of issuance of judgement under Article 159 of the Civil Procedures Law, unless the statute stipulates otherwise. The appeal is to be filed by submitting a pleading under Article 162 of the Civil Procedures Law. The pleading includes a statement of the appealed judgement, grounds of appeal, motion and information on the name of litigants and their details including capacities and their domiciles, amongst others. The appellant is required to deposit a security amount with the treasury. In criminal matters, the accused and the public prosecution may appeal the judgements rendered by the criminal courts of first degree under Article 230 of Federal Law No 35 of 1992 (Criminal Procedural Law). It should be noted that any judgment which pronounces a death sentence is considered to have been appealed de jure and its execution is stayed. Under Article 234 of the Criminal Procedural Law, the appeal to the appellate court is to be lodged within 15 days as of the date of pronouncing the judgement. The public prosecutor may appeal within 30 days from the time the judgement is rendered. Decisions of the Appellate Court & Further Appeal If the Court of Appeal deems that there is nullity in the judgment or procedures which affected the decision of the court of first instance, then it will cancel the decision under Articles 166 of the Civil Procedures Law and 242 of the Criminal Procedures Law. In criminal matters, it may re-judge the case, while in civil matters, it may decide the action it wants to pursue. The matter could also be returned to the court of first instance in some situations. The decision of the Court of Appeal may be further appealed to the Cassation Court. Under Article 173 of the Civil Procedures Law, an appeal may be filed before the Cassation Court in the following cases. * If the appealed judgment was based on breach of law or a mistake in its application or interpretation. * If a nullity in the judgement or in the procedures has affected the judgement. * If the appealed judgement was issued contrary to the rules of the jurisdiction. * If the dispute was adjudicated contrary to another decision which was issued in the same subject-matter among the same litigants and acquired the force of res judicata. * The decision’s lack of reasons, inadequacy or its ambiguity. * If the decision has ruled for matters not requested by the litigants or more than that requested by the litigants. In criminal matters, the final judgments rendered by the Court of Appeal in a felony or misdemeanor may also be appealed before the Cassation Court on the grounds mentioned in Article 244 of the Criminal Procedures Law. These grounds are explained below. * In case the challenged judgment is based on a violation of the law or a mistake in its application or interpretation. * If the judgment is void or there is a nullity in the procedures affecting the judgment. * If the court has adjudged the civil claim in excess of the amount claimed. * If the judgment is void of any justification or if it is insufficient or obscure. * If two contradictory judgments have been rendered on the same act. Under Article 256 of the Criminal Procedures Law, a public prosecutor will either, directly or upon a written request of the minister of Justice, challenge the final judgments, regardless of the court that rendered it, before the Cassation Court, where the challenge is based on a violation, misapplication or misinterpretation of the law, in the following cases. Judgments which the law does not allow the parties to challenge. Judgments in which parties have relinquished their right to challenge or have filed one but it was not accepted. Conclusion The procedure explained gives a broad overview of the process to be followed when a decision issued by the lower courts is challenged. In all such instances, it is crucial that experienced lawyers who have extensive skill and expertise to deal with these matters are hired, who can take on such cases and help in getting optimal results. https://www.professionallawyer.me/blog/civil-law/appeal-procedure-before-uae-courts/