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The court also adopts remote litigation, self-registration, video conference and other methods to hear cases
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Over the past 3 years, the Foreign Expert Court of the Abu Dhabi Judiciary Department (ADJD) has handled as many as 200 commercial cases with a total value of approximately AED3 billion.
Youssef Saeed Al Abri, Deputy Minister of Justice, said the performance indicators achieved by the Abu Dhabi Courts reflected the robustness of the sustainable and innovative approach they adopted. He called for an advanced judicial system to support the economy of the emirate of Abu Dhabi by providing world-class services that meet the needs of residents and investors of different nationalities.
Stressing the ADJD’s interest in providing a flexible mechanism for resolving disputes involving foreign investors, Al Abri established the first foreign expert court in May 2019. The court held its first hearing on June 11 and handed down its first bilingual judgment on June 25, 2019.
According to the decision to set up the court, the panel, consisting of a judge and two foreign experts, will adjudicate business-related disputes, investment projects and lawsuits between business owners, he said. It also delivers judgments in Arabic and English, in line with the initiative to use English as a second language for judicial proceedings in Abu Dhabi courts – allowing all access to justice without language barriers.
In addition, Al Abri explained that the Abu Dhabi Courts are applying their unique litigation experience to facilitate various options by launching various projects, such as remote litigation, whether at the claims and case registration stage or the case preparation and trial stage – and Introduce yourself – Register services through the department’s e-portal and case intelligence file, and initiate a video conference process for all cases, allowing all parties to attend hearings from anywhere.
This is in addition to the published guidelines on commercial matters, takeovers, the execution of check-related matters, and the work of the Case Management Office (CMO).
It should be noted that, pursuant to Federal Decree No. 10 of 2017, which amended certain provisions of the Code of Civil Procedure, the legislator established a judicial committee consisting of a judge and two local (UAE citizens) or international (foreigners) experts Chamber. The above-mentioned legislative text provides that “the Minister of Justice or the President of the local judiciary – each within its competence”, may refer all or part of the cases falling within the jurisdiction of the main chambers provided for in this Act to one or more chambers, to be administered by a Judge-led, assisted by two local or international experts.
Pursuant to the legislative mandate contained in Article 30 bis of the Act, the Minister of Justice’s Decision No. 6 of 2019 issued a decision on foreign experts of the Court.
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