About Judiciary History In Dubai

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ABOUT JUDICIARY HISTORY IN DUBAI
2014
ABOUT JUDICIARY HISTORY IN DUBAI
A Historical Overview:
The judiciary in Dubai started in a simplistic form in line with the
simplicity of the community during the early emergence of the
emirate in the first half of the nineteenth century. In 1938, the
first official appearance of the judiciary in the Emirate of Dubai
came to be by virtue of the decision of the late His Highness
Sheikh Saeed bin Maktoum Al Maktoum, the ruler of Dubai At
the time. He had assigned his brother, Sheikh Hashr bin Maktoum Al Maktoum to adjudicate disputes between people. He
was later succeeded by his son Sheikh Mohammed bin Hashr
bin Maktoum Al Maktoum in 1956. Sheikh Mohammed bin Hashr
bin Maktoum Al Maktoum was named chief judge of Dubai at the
time. In addition to the chief judge, a number of judges were
also appointed to oversee litigations. Two years later, in 1958
“Nayef Fort” became the official headquarters for the judiciary
in Dubai. At this stage only disputes among civilians were settled. However, foreign litigators had to consult the British Justice Authority which had a jury headed by Sheikh Mohammed
Bin Hashr Al Maktoum, the chief judge of the Emirate. Under
the guidance of Sheikh Hasher, there were now assistants with
experience in the settlement of marine disputes to whom the
litigations related to diving and marine activities were referred.
Such assistants were called “Salfah”, and they used to decide
on disputes related to naval activities, including the assessment
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of indemnity for damages in naval activities and businesses. The
decisions taken by such assistants were reported to the judiciary for approval.
A Modern Overview:
It was in 1970 that the modern judicial system in Dubai was
established, as the law on court organization in Dubai was issued. As a result of the law, the Court of First Instance, the Civil
Court and the Court of Appeal were introduced. The said law
defined the powers and organization of courts, and it continued
to be applicable after the establishment of the UAE in 1971. In
1979, however, law no. 2/ 1971, on the formation of the Higher
Court of Appeal, was issued and it represented a new law that
abrogated all previous provisions on the Court of Appeal. As an
amendment, law no. 2/1988 was issued as it renamed the court
into “the Court of Appeal” without the word “higher”. Also in
1988, the Court of Cassation was established in Dubai by virtue
of law no. 1/1988 on the formation of the Court of Cassation issued on 6/2/1988.Dubai Courts represent a judicial system that
is independent from the federal judicial system in the UAE. It
was only in 1992 that the three courts of Dubai issued a law that
determined their organization or powers. It was law no. 3/1992
that showed how the three courts would be established and
what their respective powers would be. Then, law no. 3/2000
on the establishment of the Department of Courts was issued.
According to the law, the department shall be independent
and shall have the authority to regulate Dubai Courts both financially and administratively. Also, the courts shall be independent from the General Prosecution and the other judicial
authorities in the Emirate. The law also outlined the powers
of the department and designated its technical, financial and
administrative management. So, the history of Dubai’s judiciary features a series of developments corresponding to the
progress of the Emirate which has become the top and most
dynamic commercial hub in the Gulf, hosting key international
organizations.
ABOUT JUDICIARY HISTORY IN DUBAI
Vision
Pioneer the work of courts
Mission
Achieve justice in society through swift and accurate settlement
and adjudication of claims and the implementation of judicial decisions, orders , and documentation of contracts and documents
by depending on qualified national cadres using modern and sophisticated systems, procedures and techniques.
Values
In our journey towards our strategic vision and achieving our
mission at all levels; we resort to our common values ​​system
that will always be our first and basic reference: justice, independence, equality, creativity and excellence, and team spirit.
Strategic Objectives
Dubai Courts realizes the importance of planning and it role in
the regulation of its judicial and administrative activities. Planning processes, including strategic planning, are made continuously at all levels by the judicial authorities and administrative
units at Dubai Courts.
Objective A: Strengthening confidence in the judicial system locally and internationally
Objective B: Enhancing the effectiveness and efficiency of internal performance
Objective C: Attracting, investing and developing motivated and
highly-qualified human resources.
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Judicial Council of Dubai
The Judicial Council of Dubai represents the supreme body
which oversees the work of judicial bodies in the emirate. It is
the fundamental guarantee for the independence of the judiciary whose administrative supervision is entrusted to it. The
Judicial Council of Dubai was formed under Law No. (6) of
1992 And amended in 2014, which defined the composition
and authority of its chairman overseeing the administration of
the courts. The Council shall have all the legal means available to assist in the advancement of the judicial system and
protect it from interference by any of the authorities. This was
achieved by activating self-monitoring, development of the
capabilities, improving the criteria for appointment to judicial
positions and providing opinions in the judiciary legislation.
The Council is also responsible for the development of the
judicial system and providing legislative proposals relating to
the judiciary, public prosecution and litigation procedures to
guide the government in the preparation of drafts of laws and
regulations.
The council is chaired by His Highness Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, Deputy Ruler of Dubai and its
membership includes the Director of the Ruler of Dubai’s Executive Office , the Attorney General in Dubai, the Director General
ABOUT JUDICIARY HISTORY IN DUBAI
of Dubai Courts, heads of each of the Court of Cassation, Appeal
and First Instance and the Director of Judicial Inspection. It also
formed the Council General Secretariat headed by a Secretary
General was the assignment of this task to the attorney general
of Dubai.
Code of Conduct at the Courts
Dubai Courts is extremely keen on maintaining the general appearance in line with the customs and traditions that are unique
to the UAE’s society and are derived from the Islamic Shari’ah.
For this reason, Dubai Courts enforces a specific code of conduct
both at the headquarters and the other branches.
General Appearance:
1 The public must abide by the following guidelines:
2 animals or birds should not be brought to Dubai Courts’
premises.
3 shorts and other unsuitable clothing (e.g. transparent or
tight clothes) should not be worn by men or women.
4 foods or drinks should not be had inside the courts except
in the restaurant in the Services Hall next to “Nayef Gate”.
5 appropriate conduct should be maintained in line with Islamic customs and traditions.
Guidelines for sitting in the court rooms and dealing
with the judges:
1 Avoid presence in empty court rooms, rather guests should
stay in the waiting areas provided throughout the building.
2 Avoid entering court rooms when there are no sessions.
Also entering the judges’ chambers and deliberation room
except with the permission or request of the judge.
3 The public is allowed to attend hearings if they comply with
the general code of conduct. Hearings in the Personal Status and Juvenile Court is restricted to the parties involved
and their lawyers.
4 Attendees of the hearings must either switch off or mute
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their mobiles during the entire hearing.
5 Attendees of the hearings will exhibit good behavior and
decorum by not showing any body part, sitting cross legged
or speaking without permission. This will in turn maintain
the solemnity and dignity of the judiciary.
6 Instructions of the security personnel inside and outside
the court rooms must be followed.
7 Clients must approach the Heads of Courts Office Affairs
Department in the first floor to make appointments with the
honorable Chief Justices or honorable judges.
Instructions:
1 Taking photographs inside or outside the Courts’ premises
it strictly prohibited without the permission of the Public
Relations and Customer Services Department.
2 Exceptions are made in some cases for photographing
empty court rooms, if a written consent by the General
Manager or his appointee is provided. The photographs
must be taken in the presence of a Public Relations and
Customer Services Department representative.
3 Persons and organization who wish to make official visits
to Dubai Courts must coordinate in advance with the concerned authorities.
4 Interviews with the clients or employees is strictly prohibited without prior consent of the Public Relations and Customer Services Department.
5 Agencies who wish to carryout surveys and questionnaires
with clients or employees must approach the Strategic and
Institutional Performance Department.
6 Restrooms for women and special needs individuals are
available throughout Dubai Courts.
7 Summons’ publications must only be made at the accredited newspapers in the country.
8 The Courts designates various Customer Services podiums
at entrances and various parts of the Courts’ headquarters
and branches to answer all client queries.
ABOUT JUDICIARY HISTORY IN DUBAI
9 Free electronic devices offering various services to clients
are provided by Dubai Courts like the “Nibras” navigation
system in the Central Services Hall, the Litigants Guidance
Hall, and in front of court rooms.
Highlights:
•
The judiciary in Dubai is an independent entity above all
authorities.
•
Dubai Courts is not obliged to provide legal consultations.
•
Arabic is the official language and adopted in litigation and
all transactions at Dubai Courts.
The electronic services on Dubai Courts website can also be
useful.
For more information call: +971 4 3030800 / +971 4 3347777