Litigation can be intimidating—especially if you’ve never been through it before. Courtrooms, legal documents, deadlines, judges…it’s a world that feels distant from day-to-day business. But if you ever find yourself in a civil dispute, understanding the basic steps of a litigation case can take much of the fear and confusion out of the process.
This blog walks you through each phase of a typical civil litigation case in the UAE—from the moment you decide to file, to the final judgment. Whether you’re suing or being sued, this guide will help you stay informed, focused, and prepared.
1. Pre-Litigation Evaluation: Is a Lawsuit the Right Move?
Before anything is filed, your legal team will assess the situation.
- Is your claim valid under UAE law?
- Do you have enough evidence?
- Is the amount worth pursuing?
- Is the defendant solvent and reachable?
This is when lawyers may also explore settlement options, send a legal notice, or attempt mediation. If negotiations fail—or the other party is uncooperative—litigation becomes the next step.
2. Choosing the Right Court and Jurisdiction
The UAE has multiple court systems:
- Federal courts for most emirates.
- Local courts in Dubai, Abu Dhabi, and Ras Al Khaimah.
- Specialized courts in free zones like DIFC and ADGM.
Your lawyer will determine the correct jurisdiction based on:
- Where the dispute occurred
- The business location of each party
- Contract clauses specifying court preferences
This is a crucial decision that can influence timelines, language, procedures, and even the applicable law.
3. Filing the Case (Statement of Claim)
To officially start the case, the claimant files a statement of claim with the Court of First Instance. This document outlines:
- The parties involved
- The facts of the case
- The legal grounds
- The relief or compensation being sought
- Supporting documents (contracts, invoices, emails, etc.)
In UAE civil courts, Arabic is mandatory, so all documents must be translated by a certified legal translator. The claimant also pays the court fees, which are usually a percentage of the claim amount.
Once submitted, the court assigns a case number and sets a date for the first hearing.
4. Notification to the Defendant
The court formally notifies the defendant (the party being sued). This is typically done through:
- Court-appointed process servers
- Email or electronic notice (in some jurisdictions)
- Publication (if the defendant cannot be found)
The defendant has a limited time (usually 15 days) to respond. If they ignore the notice, the court may proceed in absentia.
5. Response and Exchange of Memoranda
After receiving the claim, the defendant files a defense memorandum—their version of the facts, arguments, and evidence.
From there, the court may allow several rounds of written submissions:
- Reply from the claimant
- Counter-reply from the defendant
- Additional memos if needed
Litigation in the UAE is document-based, not oral. So the strength and clarity of your paperwork matter more than dramatic courtroom speeches.
6. Evidence and Expert Appointments
If the case involves technical or financial complexities (e.g., construction defects, accounting disputes), the court may appoint a neutral expert to review the materials and prepare a report.
Both parties can:
- Submit documents and arguments to the expert
- Attend meetings or site visits
- Challenge the expert’s findings (if needed)
Evidence may include:
- Written contracts
- Email exchanges
- Receipts and invoices
- Witness statements (rare in civil matters)
- Forensic or technical reports
Unlike some jurisdictions, the UAE does not have a discovery process where both parties must share all information. You present what supports your case.
7. Hearings Before the Judge
Hearings are usually brief and procedural—especially in local and federal courts.
The judge:
- Reviews written submissions
- May ask for clarifications
- Assigns deadlines for new memos or expert reports
These sessions are not like Western-style trials with witness testimony and cross-examination. Instead, the judge acts more like a case manager, keeping everything on track until they feel they have enough to decide.
8. Judgment by the Court of First Instance
Once the court is satisfied, it issues a written judgment.
This judgment includes:
- The court’s findings of fact
- Legal reasoning
- Final orders (such as payment of compensation, interest, or specific actions)
If you win, congratulations—but it may not be over yet. The losing party has the right to appeal.
9. Appeals Process
The losing party may file an appeal to the Court of Appeal—but only within 30 days of the judgment (shorter in some jurisdictions).
The appeal court:
- Reviews the lower court’s decision
- Considers whether there was a legal or procedural error
- Does not usually re-examine the facts or evidence unless something new is introduced
This phase is again largely written. The appeal court may uphold, amend, or reverse the original ruling.
10. Final Appeal to the Court of Cassation
If the stakes are high, a final appeal can be made to the Court of Cassation (or Supreme Court in federal cases). This court focuses only on legal questions, not facts.
Not all cases are eligible for cassation, and success rates are low. Still, it can be a powerful final remedy when the lower courts misunderstood the law or procedure.
Once this stage ends, the judgment becomes final and binding.
11. Enforcement of Judgment
Winning the case doesn’t automatically mean you get paid. You must apply for judgment enforcement.
Enforcement measures can include:
- Seizing bank accounts
- Freezing assets
- Selling property
- Imposing travel bans
This process is handled by a specialized enforcement department. It can be fast or slow depending on:
- The defendant’s willingness to comply
- Availability of assets
- Bureaucratic delays
If the defendant is outside the UAE, enforcement may require coordination through international treaties.
12. Settlement at Any Stage
Keep in mind, settlement is always an option, even after a case is filed. Courts may encourage parties to resolve disputes amicably and formalize it through a court-approved settlement agreement.
If both parties agree, the case can be closed without judgment.
Final Thoughts
Litigation in the UAE follows a clear, structured process—but it can feel overwhelming if you’re not prepared.
To navigate it successfully:
- Choose the right court
- Invest in solid legal representation
- Prepare your documents and evidence early
- Know the timeline and obligations
- Stay open to settlement opportunities
Litigation isn’t just about “winning.” It’s about protecting your business, asserting your rights, and choosing a strategy that supports your long-term goals.
If you’re facing a civil dispute and aren’t sure where to begin, consult a legal advisor who understands both UAE law and your business priorities. A strong first step makes the rest of the journey much smoother.
