News and developments
Evidential Law-United Arab Emirates
These are mainly as follows:
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- The Federal Law No. 10 of 1992 which lays down provisions vis-a-vis evidence in Civil and Commercial Transactions.
- Federal Decree by Law No. 46 of 2021 on Electronic Transactions and Trust Services (which repealed the earlier Federal Decree Law No. (1) of 2006 concerning Electronic Transactions & Commerce).
- Federal Law No. 7 of 2012 on the Regulation of the Expertise Profession before Judicial Authorities
- What are the various forms of evidence which can be presented before the Judicial Courts in the UAE?
- Written/Documentary
- Proof of Witnesses
- Presumption and Accomplished Facts
- Admission and Examination of Adversaries
- Oath/s and Affirmations
- Observation/s and Proof of Circumstances
- Expert/s Advise
- Does the UAE evidential law provide for admission of emails or electronic signatures as evidence before the Courts?
- What are the types of written evidence/s or documents admissible before the Judicial Courts in the UAE?
- Official documents certified by any public authority/service.
- Customary documents which are established or drawn up by custom/s and originate from the person signing it provided there is no denial of any handwriting, signatures, seal, or fingerprints pertaining to him.
- Signed letters and any material documents which the law allows to be presented.
- Affirmations/ Affidavits.
- Are the documents issued in foreign jurisdictions admissible in evidence as proof before the UAE Courts and if any Arabic translations of such documents are also required?
- What are the circumstances under which proof by the statement of witnesses is permissible under the UAE evidential law?
- If there is a strong written source which makes the presence of any alleged deal or business probable.
- If there exists any information or ethical reason which prevents the evidence to be obtained in writing.
- Loss of recorded or printed documents in writing.
- In the opinion of the Court there exists extraordinary reasons.
- Evidence in writing comprises something which is banned by law or is contrary to the public order and/or morality or ethics.
- Death
- Paternity
- The origin of a valid waqf (charitable endowment) and its conditions.
- What are the requisitions for a valid legal admission by a natural person under the UAE evidence law?
- should be of sound mind and age,
- should be acting on his/her own volition,
- should be lawfully proficient to any statements declared by him/her.
- Does the UAE evidence law provide for testimony by an Expert/s in any dispute which require his knowledge to adjudicate upon and if yes, then what is his role?
- Set a date/time to begin his work and venue to meet up the opponents/adversaries.
- To keep a record of his work including attendance of the adversaries, their as well as peoples’ statements and remarks, along with indications of action taken by him etc.
- Submit to the Court a signed report containing the results of his actions, opinions, views etc., and send a copy of it to each of the opponents/adversaries within 3 days of lodging it.
- Does the UAE evidence law allow copies of the original to be submitted as evidence in any proceedings before the Courts?
- The official copy shall be treated as being the original in terms of its evidentiary value provided there is no suspicion caused to its non-conformity vis-à-vis the original’s outward appearance.
- The first copy of the official copy will also have the same value as original, but these can be checked on demand by the parties as to their authenticity.
- Any official copies taken from the copies of the first verified copy of the original shall not be counted as evidence but only taken into consideration for information purposes.
- How is accusation of forgery of documents made under UAE’s evidential law?
- Can the Court/s in UAE appoint one of its own Judges for making observation in a contested matter?
- Does the UAE evidential law/s provide for disclosure of documents to the other parties and/or the court?
- It is required by law.
- It is a joint document which establishes rights of both the parties.
- If the opponent for his case, at any stage, relied on such a document.
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