Abu Dhabi: Dh3 billion worth of cases handled by foreign experts court in 3 years

As many as 200 commercial cases totalling a financial claim value of approximately Dh3 billion have been handled by the Foreign Experts Court of the Abu Dhabi Judicial Department (ADJD) over the past 3 years.

Youssef Saeed Al Abri, Undersecretary of the Judicial Department, said that the performance indicators achieved by the Abu Dhabi Courts reflect the soundness of the sustainable and innovative approach they have adopted. He called for an advanced judicial system that supports the economy of the emirate of Abu Dhabi, by providing world-class services that meet the needs of residents and investors of various nationalities.

Al Abri stressed ADJD's interest in offering a flexible mechanism for settling disputes involving foreign investors, hence the establishment of the first Foreign Experts Court in May 2019. The court conducted its first hearing on June 11, and handed down its first bilingual judgement on June 25, 2019.

In accordance with the decision establishing the court, he said, the panel consists of a single judge and two foreign experts tasked with ruling on business-related disputes, investment projects and litigations between business owners. It also delivers its judgements in both Arabic and English, in line with the initiative to adopt English as a second language for judicial proceedings in Abu Dhabi courts – allowing judicial services for all without language barriers.

Furthermore, Al Abri explained that Abu Dhabi courts are adopting a unique litigation experience by launching various projects that promote a variety of options such as remote litigation, whether at the stage of claim and case registration or case preparation and trial – as well as introducing self-registration services via the Department's electronic portal and case smart file, and activating video-conferencing proceedings for all cases allowing all parties to attend hearings from anywhere.

This is in addition to issuing guidelines on payment orders in commercial matters, receivership, enforcement in cheque-related matters, and the work of the Case Management Office (CMO).

It should be noted that under Federal Decree Law No. 10 of 2017, amending certain provisions of the Civil Procedures Law, the legislator established judicial chambers consisting of one judge and two local (UAE citizens) or international (foreigners) experts. The said legislative text stipulated that the "Minister of Justice or the chairman of the local judicial authority – each within the competence thereof", may refer all or certain cases falling within the jurisdiction of the major chambers provided for by the said law, to one or more chambers headed by a single judge, assisted by two local or international experts.

On the basis of the legislative mandate contained in Article 30-bis of the said law, Decision No. 6 of 2019 of the Chairman of the Judicial Department was issued regarding foreign experts in the courts.

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