The newly imposed sanction will remain in effect until the Execution Court receives payment of the amount mentioned in the judgement in full (inclusive of accrued interest, court … If it was discerned from the judgment to be executed that there is a difference between the claimed amount upon which the fees were calculated, and the adjudicated amount, such judgment will not be conferred with the writ of execution until payment of the difference in fees is made. A resolution will be issued by the Director General of the Dubai courts to identify the Committee’s scope, method of work, legal quorum of its meetings and decision making. Article (35) of the amended law states that the fee for the execution of executive bonds shall be (2%) of the value of the required execution. The Execution Court will then serve notice on the employer seeking payment within 15 days from the date of the service of the notice. 2 of 1992 concerning Appeal Registration Fees in Criminal Cases. Centre for Amicable Settlement of Disputes. His Highness Sheikh Mohammed Bin Rashid Al Maktoum. Article (2) of Law No. This may help the applicant reduce the fees he pays upon registering the execution. This is applicable even if the claim filed by the party in whose favor the exemption or postponement was granted, dismissed or rejected. The public officer appointed by Dubai Courts and assigned within his jurisdiction and The public officer appointed by Dubai Courts and assigned within his jurisdiction and powers with duties set by the Notary Public Law of Dubai No. If the Committee grants the party with the exemption or deferment, the applicable court fees and insurance deposits will be payable by the judgment debtor. An amount of AED1,000 shall be borne by the convicted person upon completion of the implementation procedures. What enforcement measures must the judgment debtor fear? For other types of situations, Federal Law No. Furthermore, the remaining fees prescribed in the cases and applications submitted to the courts of first instance mentioned in Schedule No. In this case, the fees due at the time of registration of the claim will be applicable. Article (35) also stipulates that the executive bonds issued in cases arising from business not exceeding AED500,000 shall be charged a fee of AED2000. © 2021 Dubai Courts… Article 8 provides that the following claims, requests and challenges are not subject to the fee structure set out in the New Law: Article 9 enumerates the following categories of claims and requests that are exempted from the New Law: According to article 3 of the New Law, claims or petitions will only be considered following full payment of the due fees, unless a resolution for partial or full exemption or deferment is issued by the Committee. 21 for 2015 Establishing the Judicial Fees before the Dubai Courts. To learn more about our services and get the latest legal insights from across the Middle East and North Africa region, click on the link below. If I withdraw my case, the company is ready to pay 50 per cent of the amount. by the appeal courts in execution procedures are not appealable at cassation. The litigant will be required to forfeit the security paid to the Court if the Cassation is dismissed wholly or partially or is not allowed. If the claim included an original and alternative request, the higher estimation of the requests will be applicable. Dubai Police. A. While filing the case I have paid court fees. Affidavits and Authentication. تسجيل الدخول للمشتركين بخدمات محاكم دبي الالكترونية. Paying the fees of expert appointment in the UAE courts. This is 7.5% of the value of the claim which is capped at a maximum of AED 30,000 (USD 8,000). Thank you. In labor case proceedings, implementation is excluded from the minimum set for this fee, as the rate set for the implementation fee in the labor case may be less than AED 200, and the fee may be accepted, even if it is less than that amount. Please click here to view our latest job openings. Labor case execution and checking legal status in the UAE. 2. If the appeal is possible for a part of the challenged judgment, the fee shall be collected based on the value of the part of the challenged judgment. All other legislation or rules in contravention of the New Law now stand superseded. Payment of expert's fee for commercial cases of special judicial committees. 3. Also, the company now is closed with many bounced checks. If the debtor does not pay after the Execution Court has Marriage Contract. If one claim consists of requests specified in value and requests that are not specified in value, the court fees will be estimated according to the value of each request separately. The party who requests for notification to be affected through private process servers shall bear the full expenses and costs for such notifications. Any disputes regarding the quantum of fees shall be referred to the chief of the competent court whose decision shall be final and irrevocable. If during the course of the proceedings (before reserving the case for judgment) the competent court finds that the paid court fees do not commensurate with the final claims and are less than the due fees or that the fees were collected against the provisions of the Law, the court shall order the plaintiff to pay the difference of the fees during a time frame specified by the court. the court in the area where the agreement was made, or executed wholly or partially the court in the area where the contract should have been performed. Article 13 further provides that a judgment debtor who is ordered to pay the court fees may object or challenge the quantum before the chief of the competent court within 8 days from the date the debtor is notified of the execution proceedings. Article (35) of the amended law states that the fee for the execution of executive bonds shall be (2%) of the value of the required execution. If the court ruled to dismiss or reject a claim brought by the party in whose favor a postponement decision was issued by the Committee, such party will be directed to pay the relevant court fees and applicable insurance deposits. The New Law regulates the fees required by the courts of Dubai for legal proceedings presented to the courts and is effective from 1 September 2015. 21 of 2015 regarding the new fees of the Dubai Courts. (21) for the year 2015 shall remain unamended. License and Subscription. 2. The jurisdiction of the Cassation Court is stipulated within Articles 173 to 188 of the UAE Civil Procedures Law, Dubai Law No. The fees for the execution proceedings amount to 2% of the amount to be enforced, with the minimum cost being AED 200 and the maximum cost being AED 5,000. The amount of this fee shall be from a minimum of AED500 but not more than AED20,000 if the claim value does not exceed AED500,000; AED30,000  if the claim value ranges between AED500,001 to AED1,000,000; and AED40,000 if the claim value is over AED1,000,000. 1 of 1994 and Regulation No. Dubai Municipality. Sheikh Zayed Road,PO Box 7273,Dubai UAE. 25% of the collected fee in the first instance stage shall be collected if the appeal is possible for a judgment issued in a subject matter which does not end the dispute but results in ceasing the progress of the claim. If the appeal is possible for the entire challenged judgment, the full due fee shall be due. We will connect you to one of our agents now. The Execution Court fee is set at AED 5,000/‐ and the Court fee for staying the execution proceedings is set at AED 1,000/‐. This article provides an overview of some of the key amendments enacted by the New Law. Schedule 1 of the New Law sets out fixed fees for several claims and requests, such as AED 1,000 for the appointment of arbitrators and AED 500 for the validity of an attachment order. A fee of 6 % of the value of the claim will be applied for civil cases and civil actions affiliated to criminal cases (excluding personal status cases) provided that the result of this calculation does not fall below AED 500. Payment of expert's fee of Personal Affairs case in cassation court. In the meantime, the company started a case at the prosecution that I sold material and stole money. If all requests are specified in value and are based on one cause of action, the court fees will be estimated based on the aggregate amount of all the requests. Attestation of Declarations. Otherwise, the court shall dismiss the claim (article 5 of the New Law). After the expiry of the 15 days, the judgement can be executed. Dubai: Dubai Courts has announced the establishment of an independent Execution Court to improve the efficiency of the judicial system, it was announced on Tuesday. After the judgement becomes final, an application can be made for execution. After receiving the notification, 15 days waiting period. This law was issued on 30th May 2019 and it will come into effect from 15th April 2019. If the judgment becomes final, (which is once the CA decision has been made, or no appeal has been filed within the time frames permitted) it will be executed through the enforcement department of Dubai Courts if the debtors’ assets are located in Dubai. Notification to opponent. All of the documents filed at court and the claim itself will need to be in Arabic or translated into Arabic by an official translator. 10 of 2014 (PDF, 150 KB) concerning the Civil Procedural Law determines the jurisdiction of the courts. to locate possible assets to execute … Ratification of marriage contracts concluded by churches and wills of non-Muslims. Should you have any queries related to court fees and costs, please get in touch with our Senior Associate Reda Hegazy at reda.hegazy@alsuwaidi.ae, Copyright © 2020 All Rights Reserved | Powered by Aspiration Worx, Office 252 Emarat Atrium Building The Execution Court will ask the losing party to pay the awarded amount as per the judgment within 15 days. However, if the case was reserved for judgment, the court shall order the plaintiff to pay the difference in the fees in its ruling. Article 10 of the New Law introduces the formation of a committee to decide on applications for entire or partial exemption or postponement of court fees (the “Committee”). Articles 8 and 9 of the New Law determine the types of cases and entities/persons that are either exempted or are not subject to payment of court fees. The amount of this fee shall not be less than AED 500 and not more than AED5000. Q: I have a labour case against my company and I have won. Procedure for execution is divided into 3 stages: 1. 15 of 2017 Concerning the Administration of Non-Muslim Estates in Dubai and Execution of their Wills [issued on 18th October 2017] confirms the jurisdiction of the DIFC Courts to register the Wills and administer probate matters. Hi, I have a labour case in Sharjah Court against my employer. This amendment is in favor of claimants who filed a commercial lawsuit with a claim of less than AED500,000, to pay court fees upon filing a suit with a maximum of AED5,000 instead of AED20,000, as provided for under the original law prior to this amendment. The applicable fees before the Court of First Instance are set out below: According to article 29(a) of the New Law, appeals against judgments issued in claims other than personal status matters will be calculated as 50% of the fee collected before the Court of First Instance on the following basis: 1. The Law states that if a judgment issued in a labour case directs a party to pay costs and fees, the court fees will be calculated based on the judgment amount. It is pertinent to mention that the former practice of the Dubai Court was for court fees to be payable for opening an execution file to enforce a court judgment only, without the requirement of paying additional fees for filing applications or requests in the execution stage. Effect of Postponement and Exemption from Fees. Thank you for your inquiry. Dubai Government Excellence Program. I have a labour case in Dubai Courts and got the final judgment on my favour. It is noteworthy that this amendment and these fees set by Law (2) of 2019 apply only to commercial lawsuits identified in the new law, and do not apply to civil lawsuits, precautionary attachment or orders. 10. (2) of 2019 stipulates that the fees specified in clause (72) concerning bankruptcy or filing for bankruptcy protection shall be reduced, and clause (74) concerning bankruptcy protection, provided in Schedule (1) annexed to the Original Law No  21/2015 shall be AED500 instead of AED2000. It is pertinent to mention that the former practice of the Dubai Court was for court fees to be payable for opening an execution file to enforce a court judgment only, without the requirement of paying additional fees for filing applications or requests in the execution stage. In addition, it has been stipulated in this Article that this fee paid by the claimant shall be added to the expenses of the adjudged lawsuit and shall be collected from the convicted person by a final judgment. When an aggrieved party finds the ruling of the Court of First Instance to be not satisfactory, an appeal may be filed before the The amendment replaced the provisions of Articles (8), (14) and (35) with provisions relating to non-payment of fees, the estimated value of the case, and the relative fees for implementation. Will the execution court make any negotiations if the employer ask for deduction? Claims, challenges and requests submitted by ministries, federal governmental entities and local governmental entities of Dubai or any other Emirate, Challenges of judgments issued in respect of alimony, The bankruptcy trustee’s deposit of proceeds to the benefit of the bankruptcy, Amounts deposited by bidders of the price of the real estate, The amounts deposited by the ministries, federal or local governmental entities towards liabilities of concerned persons, Claims concerning charity endowments, grants, wills dedicated for philanthropy if such claims were submitted by these parties, Requests of declaration or proof of Islam, Death and inheritance declaration applications. Dubai Public Prosecution. The Labour Court also has the discretion to decide the fee payable to an appointed expert and in current practice, this ranges from between AED 5,000 – AED 10,000 depending on the complexity of the issues arising in any given claim. Payment of expert's fee for civil cases of special judicial committees. Payment of expert's fee of real estate case in appeal court. 50 per cent of court fees should be paid on registering dispute with Centre for Disputes Dubai Ruler amends law on judicial fees in Dubai Courts. 21 of 2015 regarding the new fees of the Dubai Courts. Each level of court has a circuit to look into the various types of cases … Q: Hello. Power of Attorneys Ratification. the Dubai Land Department (DLD), Dubai Economic Department (DED), Banks, and RTA etc. Claims, challenges, and requests pertaining to the UAE Labour Law (Federal Law No. The New Law further repealed the Court Fees Law No. The New Law provides the basis for calculating court fees in claims for both specified and unspecified amounts before the Dubai Court of First Instance. We trust that this article acts as a useful overview of some of the amendments to the structure of court fees before the Dubai court. Book an appointment with us, or search the directory to find the right lawyer for you directly through the app. Article 13 of the New Law states that the party who is ordered to pay the costs of the proceedings is also obliged to pay the court fees. (1) Annexed to Law No. AED1,000 of this fee is payable by the applicant upon the registering the execution file and this fee is added to the execution expenses. 6/2005 organizing the Dubai Courts. Our knowledge, experience, and expertise are now available on the go. I have to file execution to collect my dues. If the convicted person is not in possession of the money, the applicant will be charged 20% of the fee collected for the proceedings before the courts of first instance, provided that the fee in this case shall not be less than AED200 and not more than … Article 23 of the New Law provides that court fees related to the validity, revocation, termination, annulment of the mortgage or the approval for selling the mortgaged object or any other right related thereto, will be based on the value of the mortgage. (4) ... Service fee of 47.25 AED ... and making such agreements tantamount to an Execution Instrument The next hearing date has been appointed on 25.11.18 and 25.12.18. My company did not pay me my salary for 8 months, so I filed a case at the court. Registration & payment of the fee. Court fees for several requests in the claim. How to add court fees… A: If the Labour Court has not included the court fees, then a separate application can be filed before the Labour Court for… However, the New Law sets out fees payable for applications and petitions filed in execution proceedings, examples of which include AED 300 for a travel ban order and AED 200 for an arrest order. Applications for publicity or proof of Islam, ratification of a social welfare application, and requests for death and heredity are also not subject to fees. Dubai Court Will Registration Fee and its Comparison with Other Courts. Court fee structure The Judicial Court Fee Law has revised the court fee structure due and payable by litigants in order to register their case with the relevant department of the Dubai Courts. His Highness Sheikh Mohammed Bin Rashid Al Maktoum, the Vice-President and Prime Minister has issued, in his capacity as Ruler of Dubai, Law No. Now, I am going to open the execution file. I used to work in Dubai. This cap has increased to AED 40,000. Committee for Deferral and Exemption from Judicial Fees. Which service are you looking for? The Dubai Court of Cassation (the “Cassation Court”) is the third and highest degree of litigation in the Emirate of Dubai’s judicial system. The Committee’s decisions are final and may not be subject to appeal. Victims of domestic violence by virtue of a resolution issued by the Committee based on the request of the Dubai Foundation for Women and Children. If the convicted person is not in possession of the money, the applicant will be charged 20% of the fee collected for the proceedings before the courts of first instance, provided that the fee in this case shall not be less than AED200 and not more than AED5000. This site is managed by Dubai Courts. The most notable case in which bankruptcy was ordered is Appeal No. If all requests are specified in value but based on different causes of action, the court fees will be estimated according to the value of each request separately. His Highness Sheikh Mohammed Bin Rashid Al Maktoum, Vice-President and Prime Minister, in his capacity as Ruler of Dubai, has issued an amendment to Law No. Disclaimer: This chat service should not be relied upon as a substitute for professional advice which takes account of your specific circumstances and any changes in the law and practice. Kindly accept the disclaimer to proceed to a live chat. The revisions include: According to the amended Article (8), certain categories, such as, claims, appeals and applications are not subject to the fees initially prescribed by the original law. In the event an exemption or postponement is approved by the Committee, such exemption or postponement will include all the fees due for all stages of the litigation as well as any insurance deposit and any other amounts stipulated by the New Law or the applicable legislation. The Law enumerates several changes in the court fees for claims and petitions, examples of which include the fee for an attachment application which was capped at AED 15,000 and is now calculated as 50% of the main action fees. About courts in Dubai - Dubai Courts Types of courts in Dubai - The official portal of Dubai Government Court circuits Judicial circuits are branches of court according to specialty and jurisdiction. If there are several appellants and the judgment is not issued jointly and severally against the parties, an independent fee shall be collected for each appeal whether the appellants file one or several appeals. However, from our recent experience with the Dubai courts in a mortgage foreclosure claim, the court fee for enforcing a foreclosure application remains capped at AED 5,000. The court, however, may re-consider the amount of fees to be paid (article 4 of the New Law). 3/1992 concerning Court Formation in the Emirate of Dubai, and Dubai Law No. 11 of 1992, as amended by Law No. The same article stipulates that the lawsuits arising from commercial business brought before the courts of first instance which are worth AED500,000 or less shall be charged 6% of the claim value provided that the amount of this fee shall not be less than AED500 and not more than AED20,000, and this fee of (6%) of the claim value shall be collected from the claimant upon registering the claim. Fees and Deposits Payment. There is also a fixed fee of AED 1,000 payable for each application submitted by the Appellant for stay It should be noted that the current bankruptcy provisions have not been frequently tested, as Courts have been reluctant to apply them. This is equivalent to 6% of the value of the judgment, and not the amount of the claim value, provided that the amount of this fee shall be above AED500 and less than AED15,000. Will it take a long time to make the execution? Contract ratification and meeting minutes. This means applying for the Court to make enquiries of e.g. Another example is the court fee for filing a case which was calculated as a percentage (7.5%) by reference to the monetary value of the claim and capped at AED 30,000. In the event the judgment creditor does not obtain the writ of execution within 60 days from the date of the judgment as a result of non-payment of the difference in fees, the judgment debtor will then be obliged to remit the difference in the court fees through an order from the chief of the court which shall be executed in the same manner as a writ of execution. If the claim amount exceeds AED 100,000 the value of the court fees will be calculated at 5% of the claimed amount provided that the fees do not exceed AED 20,000. 8 of 1980) where the value of the claim does not exceed AED 100,000. Such fees remain the same as provided for in the original law. Additional requests will be added to the original request and the fees will be estimated based on the aggregate of the original and additional requests together. If there are several appellants and the judgment is issued jointly and severally, the fee shall be collected only once from the party which filed the appeal first. Cases in which the Committee decides on exemption from court fees in accordance with the directives of the director general of Dubai courts in coordination with the financial department of the court. The provisions of the New Law are not applicable to claims filed before the courts prior to its enforceability and fees which were partially or entirely deferred during the course of litigation. Please choose one of the following options below: Notarial services and document certification, An Overview of Law No. The New Law provides a fee threshold between AED 200 – AED 5,000 for the execution stage of court proceedings. According to the amended Article (14), claims filed before the courts of first instance, civil suits of a criminal case and claims arising out of commercial business of more than 500,000 dirhams, excluding personal status lawsuits, shall be charged a fee of (6%) of the claim value. If the claim includes requests which are of unspecified amounts, the fee shall be collected based on the value of each of them separately if they are based on different causes of action. Furthermore, the fees prescribed by the original law shall not be subject to appeals against alimony judgments, deposit by Trustee in Bankruptcy, bidder’s deposit of the price of the property, and what the federal and local governmental authorities deposit on behalf of the concerned parties. A court fee will also need to be paid. The Will registration fee payable for the registration of non-Muslim Wills at Dubai Courts Notary Public is as follows: Single Will: AED 2,167 Mirror Wills: AED 4,334. 7. Prior to the Decree, appellants were required to make payment of the Court of Cassation fee of approximately AED6,000 and file a detailed petition of appeal before the expiry of the 60-day deadline. The court fee due and payable at the first instance court stage is calculated at 6% of the claim amount with a تسجيل مستخدم جديد بموقع محاكم دبي من خلال "الهوية الرقمية" The employee is again exempted from the fees up to a claim value of AED 100,000. The application for execution of executive bonds shall be levied a fee equivalent to (2%) of the value for which execution is requested If the convicted person is non-cash, the applicant shall be levied a fee equivalent to (20%) of the fee collected on the case before the Court of First Instance. Legal Notices. The judge said that my case has been transferred to the "expert service" in the last hearing and I have to pay AED 4000 for that. Thank you for your interest in working with Al Tamimi & Company. Please click here leave a message and we will get back to you shortly. My Tamimi App, a convenient new tool for anyone with an interest in the legal sector, from law students to General Counsel. LAWS OF THE EMIRATE OF DUBAI ON WILLS. No warranty is made as to the accuracy or completeness of the information provided via this service and no liability is accepted by Al Tamimi & Company Limited, its affiliates, partners or employees for any loss arising as a result of reliance upon the information provided. The court fees will be estimated according to the value of each request separately. In relation to labor lawsuits filed before the courts of first instance with claim value exceeding AED100,000, Article (14) imposes a fee of (5%) of the claim value, and sets a fee limit of AED20,000, regardless of the claim value. The New Law provides a fee threshold between AED 200 – AED 5,000 for the execution stage of court proceedings. 50% of the applicable court fees will be due upon registration of a dispute before the Centre for Amicable Settlement of Disputes and the remainder will be due upon referring the case to the competent court of first instance. Dubai Law No. Historically, it was common practice for an employer to file objections and grievances to unnecessarily delay the payment since this would only be due once those applications had been considered by the courts.
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