Federal Law no. 11/1973 dated 25/07/1973

In the implementation of the provisions of this Law, the following words and expressions shall have the meanings stated beside them unless the context requires otherwise:

State: The United Arab Emirates.

Ministry: Ministry of Justice.

Minister: Minister of Justice.

Commission: Commission for the Unification of Conflicting Judicial Principles, issued by two or more Supreme Courts in the State, whose competencies are determined according to the provisions of this Law.

Federal or Local Judicial Authority: Federal or local judicial entities including Courts and Public Prosecutions.

Heads of Local Judicial Authority: Heads of local judicial entities according to the legislation regulating their activities.

Writs of Execution: Writs specified in the legislation and regulations in force in the State.

The federal and local judicial authorities shall, upon request, exchange the information and data on all the lawsuits ruled thereat, and other information and data derived from their official records and papers in all the disputes considered thereat.

The information and data referred to in this Article shall have the status of official documents. Information and data may be exchanged in writing or through any electronic means.

The judicial papers and documents shall be served to the Federal or Local Judicial Authorities according to the legislation in force at the State.

The Federal or Local Judicial Authority shall collect, according to the federal and local legislation as the case may be, the fees due on the serving regardless of the serving location in the State.

The expenses of attendance of the witness or expert, and his accommodation and return expenses shall be borne by the judicial authority requesting the serving.

Each of the Federal or Local Judicial Authorities may request the other to initiate any judicial procedure on its behalf related to a pending lawsuit or a judicial investigation, according to the following procedures:

1- The Federal or Local Judicial Authority shall send, as the case may be, the letter rogatory request to the authority required to execute.

2- The judicial authority required to execute shall do so according to the legal procedures followed by it and if the requesting judicial authority wishes to execute it in another way, its wish shall be met in a way not contradicting the Laws in force at the judicial authority required to execute.

3- The requesting judicial authority shall be notified of the place and date of execution of the letter rogatory so that the concerned person may appear by himself or through an attorney.

4- If the letter rogatory is related to a subject or procedure not permitted by the local Law or that cannot be executed, the judicial authority required to execute shall notify the requesting authority of the same and state the reasons thereof.

5- The judicial authority required to execute shall bear the letter rogatory expenses except the experts’ expenses which shall be borne by the requesting authority, and shall send a statement thereof with the letter rogatory, provided that the authority required to execute shall charge for its account, and according to its laws, the fees prescribed on the papers submitted during the execution of the letter rogatory.

6- The letter rogatory set forth in this Article may be executed using remote communication technology according to the legislation in force at the State.

The judicial procedure carried out through letter rogatory according to Article (5) of this Law shall have the same legal effect that it would have had if it was carried out before the judicial authority requesting execution.

1- The Minister of Justice may, after consulting the Federal Supreme Judicial Council, request the Heads of Local Judicial Authorities to delegate any of the members of the judicial authority and the like affiliated thereto, to work in the same categories of their federal judicial functions. The approval upon such delegation shall be issued by a decision from the competent local judicial authority where the delegated member of the judicial authority or the like works, determining the period of delegation according to the legislation in force at the State.

2- The Head of the Local Judicial Authority may request the Minister of Justice to delegate any of the members of the federal judicial authority or the like, to work in the same categories of their local judicial functions. The approval upon such delegation shall be issued by a decision from the Minister of Justice after consulting the Federal Supreme Judicial Council, determining the period of delegation according to the legislation in force at the State.

3- The Head of the Local Judicial Authority may request the Head of another Local Judicial Authority to delegate any of the members of the judicial authority affiliated thereto or the like, to work in the same categories of their local judicial functions. The approval upon such delegation shall be issued by a decision from the Head of the Local Judicial Authority where the delegated member works, determining the period of delegation according to the legislation in force at the State.

The decisions or judgments issued by the delegated member of the judicial authority shall be considered issued by the same judicial authority where he is delegated to work, and shall have the same legal effects.

The judicial authority requesting the delegation shall bear all the financial entitlements and expenditures incurred by the members of the judicial authority delegated to work thereat, unless both judicial authorities agree otherwise.

Every final or enforceable judgment or any judicial order issued by a Federal or Local Judicial Authority, shall be enforceable throughout the State according to the legislation in force at the State.

The judgments of the arbitration tribunals, the conciliation decisions issued by the Conciliation and Reconciliation Committees, the judgments issued by the Rental Dispute Settlement Committees and other committees of judicial jurisdiction shall be enforceable in the State according to the rules and procedures regulated by the legislation in force at the State.

Taking in consideration the provisions of Articles (10) and (11) of this Law, all the Writs of Execution issued by a Federal or Local Judicial Authority according to the rules and conditions prescribed in the Law, shall be enforceable throughout the State.

The execution shall be according to the laws and procedures in force at the Emirate required to execute, without contradicting the federal regulatory laws and regulations in this regard.

A judicial authority shall be established under the name “Federal and Local Judicial Principles Unification Authority”, headed by the President of the Federal Supreme Court or his representative, with the membership of two judges from each of the Federal Supreme Court and the Courts of Cassation at the State, nominated by the Presidents of such Courts.

In the event where one of the members is unable to attend, the concerned President of the Court shall nominate a judge to replace him.

The Authority shall unify the conflicting judicial principles issued by two or more Supreme Courts of the State. It shall also consider the requests of withdrawal of a principle already decided according to the procedures specified in Article (16) of this Law.

The requests of unification of judicial principles shall be submitted to the Authority with a justified report from any of the Heads of the Supreme Courts in the State, the federal public prosecutor or the local prosecutors operating automatically or upon a request submitted to them by the federal or local government entities.

The President of any of the Supreme Courts at the State may request the Authority with a justified report, without the request being related to a specific appeal, to withdraw the principle(s) already decided by the Authority.

1- The Authority shall convene, upon the invitation of its President, a periodic meeting per year and whenever the need arises, in order to consider the requests submitted to it. In all events, its decisions shall be issued by the majority of six of its members and its meetings shall be held at the headquarters of the Federal Supreme Court or at the headquarters of any of the local judicial authorities when necessary.

2- The requests submitted to the Authority shall not entail the Courts’ suspension of the cases brought before them.

All the federal and local judicial authorities of various degrees shall abide by the principles decided by the Authority.

The violation of any judicial judgment subsequent to any of these principles shall be considered one of the grounds of appeal in any of the legally prescribed methods.

If such principles were violated by one of the State’s Supreme Courts after the principle decided by the Authority, the concerned person may request, within sixty days from the issuance of the violating judgment by the Supreme Court that issued the judgment, to cancel such judgment and reconsider the appeal thereof according to the principle established by the Authority.

The Authority shall issue a decision regarding its work system and the procedures followed and the regulation of its assisting body.

Taking in consideration the said Federal Law no. (1) of 1971 on the Official Gazette and its amendments, the principles issued by the Authority formed as per Article (14) of this Law shall be published in the Official Gazette within 15 days from the day following the date of issuance thereof.

This Law shall not apply to the judgments issued against the authorities of the Emirates required to execute or against any of their employees for works carried out because of the job. It shall also not apply to the judgments of which the execution is inconsistent with the international treaties and conventions to which the Emirate required to execute had adhered, within the limits of the provisions of the Constitution.

1- The said Federal Law no. (11) of 1973 on the Regulation of Judicial Relationships Amongst Emirates members of the Federation shall be abrogated.

2- Any provision violating or contradicting the provisions of this Law shall be abrogated.

This Law shall be published in the Official Gazette and shall enter into force three months after the date of publication thereof.