United Arab Emirates
The DIFC and ADGM court rules have generally similar litigation procedures. Subject to the issues in dispute, proceedings will generally go through the following stages:
- Claim: A party files its claim with the court and serves the same on the parties to the proceedings.
- Pleadings: Parties exchange their pleadings which include particularized statements of claim, defense, counterclaims and defense to counterclaims. These pleadings will identify and particularize the issues in dispute.
- Disclosure: This will begin during the pleadings phase and proceed concurrently with the remaining phases.
- Factual witnesses: Parties will exchange any statements of witnesses of fact they wish to rely on and potentially also exchange reply statements.
- Expert witnesses: Parties will exchange any statements of experts they wish to rely on and potentially also exchange reply statements.
- Trial: Parties will finally attend an oral hearing before the court to argue their respective cases. It is also at trial that the witnesses and experts of the parties will be examined and cross-examined on their evidence.
It is difficult to estimate the timeframe of proceedings in the DIFC courts, and the ADGM courts (as at the time of writing) are yet to hear cases that have been through the entirety of the litigation process (including appeals). That said, the relevant factors to be considered include:
- the complexity and number of issues in dispute;
- the availability of the parties, their respective counsel, witnesses and experts; and
- the availability of the judge(s) allocated to the case.
Legal representation in DIFC or ADGM court proceedings is not mandatory. However, in circumstances where a claim falls into a small claims category, legal representation may not be permitted by the relevant court rules.
Each of the DIFC and ADGM court rules have specific rules for when a claim is considered to fall within the jurisdiction of the small claims court or tribunal. These rules are:
- aimed at efficiently dispensing with cases and examples of this include:
- truncated timetables for service of proceedings and pleadings;
- no provision for a document production/disclosure process. However, orders for document production could be applied for;
- expert evidence is not permitted without an order of the court; and
- the ability of the parties to agree that the dispute be dealt with on the papers.
- are not solely related to value; small claims could include, for example, employment cases where the parties have agreed to refer the matter to a small claims tribunal.
It is also worth noting that each of the DIFC and ADGM rules have unique provisions and processes in respect of small claims. For example, the DIFC rules provide for:
- a conciliatory process identified as a consultation phase where the parties meet before the judge hearing their case with the aim of settling the dispute prior to a hearing on the merits; and
- hearings and consultations to be in private (unless the parties agree otherwise).