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Evidence Law in The United Arab Emirates – An Overview

General Overview

Broadly, evidence means any information which is presented by either party in a legal proceeding to provide support in a case. The objective is to enable the courts to resolve or decide the matter conclusively.

In the UAE, evidence in civil and commercial matters is governed and regulated by the Federal Law No. 10 of 1992 On Evidence in Civil and Commercial Transactions (Evidence Law).

The UAE Evidence Law sets out the procedure and guidelines for presenting written evidence, the use of oral witnesses, expert evidence and other related matters.

Background to the UAE Legal System

The UAE is made up of 7 emirates - Abu Dhabi, Dubai, Sharjah, Ajman, Umm Al-Quwain and Fujairah. The UAE follows a civil legal system in which the judgments from the courts act as guidelines for future cases which need not be mandatorily followed.

That said, the Dubai International Financial Centre (DIFC), a free zone established within UAE, has its own legal and regulatory framework for civil and commercial matters which is based on common law principles. The DIFC courts enforce common law principles for resolving civil and commercial law matters.

However, the DIFC continues to be subject to UAE criminal laws. What are the general rules of evidence?

According to Article 1 of the Evidence Law, the plaintiff has to prove his right and the defendant has to disprove it. The facts which have to be proved must be related to the case, productive and acceptable. If there is no guidance on a matter of evidence, the rules of Islamic Shari’a would be followed, in accordance with Article 6 of the Evidence Law.

Expert Evidence – Meaning and Scope

If there are matters which require the opinion of an expert, the courts may seek the opinion of the relevant expert for adjudicating a case under Article 69.

The Federal Law No 7 of 2012 on the Regulation of Expertise before the Judicial Authorities (Expertise Law) states the criteria for registering as an expert with the Ministry of Justice. According to Article 3, an expert must be of good conduct and behavior, not have been convicted of a felony or misdemeanor involving breach of honour or trust, have a university degree with accreditation in his field of specialization, and have experience of 7 years after graduation in his area of expertise in case of a citizen and 15 years in case of non-citizens, amongst others. The expert must pass the procedures and tests prescribed by the Ministry.

The expert will prepare a report on the matter, indicating his opinion and the basis of his opinion under Article 84 of the Expertise Law. Parties are given a short period to submit their comments and give responses to the initial report, after which the final report is submitted to the judge. It should be noted that the expert’s opinion is not binding on the court and where a decision is issued by the court which is contrary to the expert’s opinion, the reasons to disregard the expert opinion will have to be stated under Article 90 of the Evidence Law.

Non-experts will not be permitted to practice the profession of expertise in the legal proceedings, except where the parties to litigation have agreed to choose experts. In this case, the court will approve their agreement under Article 70 of the Evidence Law and Article 2 of the Expertise Law.

Kinds of Evidence
The Evidence Law recognizes both written evidence and oral evidences. Written evidence could be in the form of official statements, customary statements, etc., while oral evidences include testimony of witnesses.

Documents can be entered either in physical form or electronically. According to Article 17 (bis) of the Evidence Law, electronic signature, writings, correspondence, registers, and documents have the same binding force as physical signatures, writings, correspondence, registers and official and customary documents, if it fulfils the conditions and provisions of the physical documents under the Evidence Law.

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If the Privacy Shield is implemented as planned, it will bring about major changes to the way that businesses handle data privacy. It will also bring about a heightened focus on data protection, which will be a positive development for many businesses. The increased focus on data protection and data privacy that the Privacy Shield brings is likely to be a positive development for many businesses. For example, it could help eliminate some confusion around data privacy regulations, making it easier for businesses to understand and meet their data privacy obligations. In addition, the Privacy Shield could also help ease tensions between the EU and the US regarding data privacy. Issues around data privacy have been a source of tension between the two regions for quite some time now, and they have caused some significant headaches for businesses operating in both jurisdictions. The Privacy Shield is the EU’s attempt to create a framework that will satisfy their concerns and help to put an end to the issues once and for all. Conclusion The Privacy Shield date is a major milestone in data privacy regulations, and it carries huge implications for businesses around the world. Data privacy is an increasingly important issue in today's digital economy, and the Privacy Shield date is an important step in that process. It will bring about major changes to the way businesses handle and protect customer data, making it even more important to understand what the Privacy Shield is and what it will mean for your business. With a little bit of awareness and preparation, you can make sure your business is ready for the Privacy Shield date.
History - Doar, Drill & Skow
History: A Legacy of Excellence at Doar Drill & Skow Doar Drill & Skow has a rich history that spans over several decades, establishing us as a leading law firm known for our commitment to excellence, client satisfaction, and impactful legal representation. Since our inception, we have strived to build a legacy of integrity, professionalism, and outstanding legal services. Let's take a journey through the history of our esteemed firm. Founding Principles and Early Beginnings Our firm was founded on the principles of providing exceptional legal representation and advocating for our client's best interests. The founders, renowned attorneys with extensive experience, came together with a shared vision of creating a law firm that would be a trusted advisor and advocate for individuals, businesses, and organizations alike. Establishing a Reputation for Excellence From the early days, Doar Drill & Skow quickly gained recognition for its unwavering commitment to excellence. Our attorneys' deep legal knowledge, strategic thinking, and dedication to achieving favorable outcomes for our clients set us apart in the legal landscape. We built a reputation for providing top-tier legal services across a wide range of practice areas, earning the trust and respect of clients and peers alike. Expanding Expertise and Practice Areas As our firm grew, so did our expertise and the breadth of our practice areas. We recognized the evolving needs of our clients and adapted our services to meet them. Our team of attorneys expanded to include specialists in diverse areas of law, such as litigation, corporate law, real estate, intellectual property, employment law, family law, and more. This expansion allowed us to serve a broader range of clients and handle complex legal matters with confidence and proficiency. Embracing Technology and Innovation As the legal industry evolved, Doar Drill & Skow embraced technology and innovation to enhance our services and streamline our processes. We recognized the transformative power of technology in improving efficiency, accessibility, and the delivery of legal services. We invested in state-of-the-art case management systems, electronic document management, and advanced legal research tools. By leveraging technology, we have been able to provide our clients with more efficient and effective legal solutions. For More Information, Visit:- https://www.doardrill.com/the-firm/history/?utm_source=vingle&utm_medium=article&utm_campaign=may-2023