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World Bank Group: Doing Business in RAK and Enforcement of Contracts

Published on : 15 Dec 2020
Author(s):Several

Doing Business in Ras Al Khaimah 2021

Enforcing Contracts Questionnaire

1.Case Study Assumptions

Two domestic companies - Seller and Buyer - conclude a contract for the sale of some custom-made goods. Further to such contract, Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, custom-made furniture. Upon delivery of the goods, Buyer alleges that the goods are of inadequate quality, and refuses to pay. Seller insists that the goods are of adequate quality and demands payment of the contract price. Since the goods were custom-made for Buyer, Seller cannot sell them to a third party. Following Buyer's refusal to pay, Seller sues Buyer. The court decides 100% in favor of Seller, and orders Buyer to pay the contract price.

  1. Both Seller and Buyer are domestic companies, located in Ras Al Khaimah.
  2. Seller sues Buyer to recover the amount due under the contract. The value of the claim is: AED 317,386.
  3. The court deciding the case is located in Ras Al Khaimah and is the first instance court with jurisdiction over commercial claims of AED317,386.
  4. Seller fears that Buyer may dissipate assets, move assets out of the jurisdiction or become insolvent. Therefore, if such a procedure is allowed before the competent court, Seller requests and obtains attachment of Buyer’s movable assets (for example, office equipment or vehicles) prior to obtaining a judgment.
  5. Buyer opposes the claim, which is then disputed on the merits. An opinion on the quality of the goods delivered by Seller is required and is given by an expert during the court proceedings:
    1. If it is standard practice in your country for Seller and Buyer to call their own expert witnesses, then each party calls one expert witness to provide an opinion on the quality of the goods delivered by Seller.
    2. If it is standard practice in your country for the judge to appoint an independent expert to provide an opinion on the quality of the goods delivered by Seller, then the judge does so. It is assumed that no opposing expert testimony is provided.
  6. Judgment is 100% in favor of Seller. Buyer is required to pay the agreed contract price to Seller.
  7. Buyer does not appeal the judgment.
  8. Seller starts enforcing the judgment when the period allocated by law for appeal expires. It is assumed that Buyer has no money in his bank accounts but has sufficient movable assets to fulfill the full debt. As a result, Buyer's movable assets (for example, office equipment or vehicles) are attached and stored in preparation for a public sale.
  9. A public sale is organized, advertised and held to sell Buyer's movable assets. The assets are sold and the value of the claim is entirely recovered by Seller.

Definitions: for the purpose of this questionnaire, the terms below carry the following meaning:

  1. Competent court means the court in Ras Al Khaimah with jurisdiction over commercial disputes similar to the one described in the assumptions of the case. If more than one court is competent, competent court means the court that is most likely to determine the outcome of the standardized case.
  2. Expert witness means a witness with the required qualifications or experience to give an opinion on whether the goods delivered are of adequate quality. Expert opinion is required and provided prior to judgment.

2. Reform Update

 

Answer

Have there been any reforms since November 1, 2018 in domestic commercial litigation (e.g. amendments to the civil procedural rules or to the case management system, implementation of e-filing, implementation of mediation, substantial changes in arbitration law, creation of a new commercial court, or appointment of new judges or reorganization of the judicial system)?

Yes, there has been a reform since June 1, 2011

If relevant, please describe the reform(s). Please include information on the date of adoption, publication and enforcement of the new law(s) or regulation(s).

  1. Ministerial Resolution Number 57 of 2018 concerning Executive Regulations of Federal Law Number 11 of 1992 on Civil Procedure Law has been amended by UAE Cabinet Resolution Number 33 of 2020 (Executive Regulation Amendments)
  2. The conduct of proceedings before courts have been amended, mainly, the process for service/ notification;
  3. The amendment aims to reduce the burden of courts with respect to gathering essential evidence and documents, reduce costs and expedite the process in civil and commercial law suits by expanding the scope of powers of the case management office. The Case Management Office is the branch of the court that insures that the parties are duly summoned and have had the opportunity to raise their main arguments before referring the case to the court for consideration;
  4. Accessibility of judgments has been enhanced by making them available through publication thereof, in commercial, civil and employment matters; and
  5. The efficiency of proceedings are improved by imposing stricter rules for cases reserved for judgment, increasing the claim value for cases heard by summary chambers, mapping out the grievance procedure of summary orders, precautionary attachment orders and setting a statute of limitation for appealing decisions of the execution judge.

Are any such reforms expected to be implemented in the next six months? If so, please describe.

No


3. Competent Court

 

Answer

Comments

3.1 Does the Civil Section of the First Instance Court of RasAl Khaimah have jurisdiction over the case described in Section 1, given the value of the claim set at AED 317,386?

Yes

If you answered “No”,please specify what the new competent court would be:

3.2. How many cases similar to the one described in Section 2 before the Civil Section of the First Instance Court of Ras Al Khaimah have you or your firm handled since 2019?

More than 100

 

Please provide your responses to the following sections taking into account the case study assumptions provided above. For your convenience, answers from Doing Business in Ras Al Khaimah 2019 are included in this questionnaire where available.

If the competent court has changed, please answer all applicable questions in Sections 4, 5 and 6 assuming that the new court would hear the case.

4. Quality of Judicial Processes Index

When answering the questions below kindly indicate the name, reference and date of publication of the relevant law, when applicable.

4.1Court Structure and Proceedings

Specialized Commercial Court

4.1.1. In Ras Al Khaimah, is there a court, division or bench of a court dedicated solely to hearing commercial cases?

Answer from 2018: Yes

This year: Yes

4.1.1.1. If yes, what is the name of this court, division or bench?

Ras Al Khaimah Commercial Court

4.1.1.2. If yes, what is the law/regulation establishing the specialization? Please include a link if possible.

Law Number 1 of 2019 establishing Commercial court in Ras Al Khaimah

4.1.1.3. If yes, what is the jurisdictional threshold (minimum claim value) for cases to be heard by this court, division or bench?

 

Small Claims Court and/or Fast-track procedure for small claims

4.1.2. In Ras Al Khaimah, is there a small claims court/division and/or a fast-track procedure for small claims?

A small claims court is a court with limited jurisdiction to hear cases with a maximum claim value that is relatively small. These courts usually have relaxed rules of civil procedure, relaxed rules of evidence and are characterized by the use of plain language.

A fast-track procedure for small claims is a procedure designed to be quick and relatively uncomplicated for cases with a maximum claim value that is relatively small.

Answer from 2018: No

This year: Yes

4.1.2.1. If yes, what is the name of this court/division or fast-track procedure?

Small Claims Court

4.1.2.2. If yes, what is the law/regulation establishing such court/division or fast-track procedure? If possible, please include a link to the law.

Law Number 56 of 2019 

4.1.2.3. If small claims are resolved through a stand-alone court or division, do simplified rules of civil procedure apply? Please explain how the rules are simplified.

The Small Claims Court hears claims of civil and commercial nature where the value of claim does not exceed AED 5000. Moreover, the procedure is fast- tracked herein, the cases being heard within a period of 3 days after registration and the judge pronounces their decision within a period of 30 days after hearing the case and conducting the relevant investigation.

4.1.2.4. Does this court/division and/or fast-track procedure has general jurisdiction over civil cases? Please answer “No” if jurisdiction is limited to a pre-set list of cases.

Answer: Yes

Comment:

4.1.2.5. What type of cases can be heard by this court/division and/or fast-track procedure?

Answer: (b) Civil and commercial cases Legal basis:

4.1.2.6. Is there a maximum monetary amount for cases to be heard by this court/division or through this procedure? If yes, please specify the maximum monetary amount.

Answer: Yes

Comment: AED 20,000

4.1.2.7. Is self-representation allowed within these proceedings?

Answer from 2018: n.a.

This year: No

Comment:

Pre-Trial Attachment

4.1.3. Assuming that the plaintiff has reasons to believe that the defendant may dissipate assets, move assets out of the jurisdiction or become insolvent, would the plaintiff be allowed to request and obtain attachment of the defendant's movable assets (office equipment or vehicles)?

Answer from 2018: Yes

This year: Yes

Comment:

Assignment of Cases

4.1.4. Are new cases assigned to judges within the Civil Section of the First Instance Court of Ras Al Khaimah through an automated system?

An automated system is characterized by the use of computers and computer software to assign cases repeatedly without human intervention.

Answer from 2018: No

This year: No

Comment:

4.1.4.1. If yes, could in practice a judge or court official alter the assignment of cases generated by the system before cases are distributed to judges? Please explain.

Answer: -Click to Select-

Comment: NA

4.1.5. Are new cases assigned randomly to judges within the Civil Section of the First Instance Court of Ras Al Khaimah?

Random assignment refers to a process of case assignment that is based on clearly defined criteria that do not allow for manipulation, and that is characterized by a lack of predictable pattern that can be guessed in order to anticipate the assignment of cases to judges.

Answer from 2018: Yes

This year: Yes

Comment:

4.1.6. What are the criteria used to assign cases within the Civil Section of the First Instance Court of Ras Al Khaimah?

No predefined criteria, done at the discretion of the official in charge 

4.1.7. In practice, can the parties or their counsels influence the appointment of the judge or predict which judge will be assigned to their case with a high level of certainty?

Answer: No Comment:

Gender Equality

4.1.8. According to the applicable civil procedure law, does a woman's testimony carry the same evidentiary weight in court as a man's in all types of court cases?

Answer from 2018: Yes

This year: Yes

Legal basis/ comment:

4.1.9. If not, in which kind of cases do they not carry the same weight (e.g. commercial, family, etc.)?

Answer: In personal and family matters the weight of testimony of a woman is 2:1 as opposed to a man. It is imperative to note that this criteria is applicable to cases that involve Muslim individuals.

 

4.2 Case Management

Time Standards for Civil Cases, Adjournments and Continuances

4.2.1. In Ras Al Khaimah, are there laws or other regulations setting overall time standards for key court events in a civil case?

Answer from 2018: Yes

This year: Yes

Legal basis / comment:

4.2.1.1. If yes, which of these key events have specific deadlines set by law? Please mention the specific article of the applicable law/regulation and, if possible, include a link to the material.

Last round: Filing of the statement of defense; Service of process, Deadline to submit final judgment 

Service of process – Legal basis: UAE Federal Law Number 11 of 1992 (the Civil Procedure Law) Service of process – can be done between 7am to 9pm unless served electronically

Deadline to submit final judgment – Legal basis:        N/A

4.2.1.2. If yes, are these time standards respected in more than 50% of the cases? Please specify which ones.

Answer from 2018: No

This year: Yes

Comment:

4.2.2. Does the law also regulate the maximum number of adjournments or continuances that can be granted?

Answer from 2018: No

This year: No

Legal basis / comment:

4.2.2.1. Are adjournments limited to unforeseen and exceptional circumstances?

Please answer Yes, if the law stipulates what are such unforeseen/exceptional circumstances (e.g. appointment of an expert, attempt to reach settlement) and/or if the law explicitly states what shall not be considered as unforeseen/exceptional reason for adjournment.

Answer from 2018: No

This year: No

Legal basis / comment:

4.2.2.2. Related to the above, are you aware of Decision Nº 53/2019 issued on adjournments? If yes, please indicate the issues that are governed by the Decree.

Answer: Yes

Comment:The Decree stipulates the following:

  1. Under Article 1, it is said that, a hearing shall not be subject to adjournment more than 5 times, as per the Civil Procedures Law.
  2. Article 2 states that a decision shall be pronounced within a period of 60 days of the first session.
  3. The decision as pronounced shall become effective upon its issuance.

4.2.2.3. If rules on adjournments exist, are they respected in more than 50% of the cases?

Answer from 2018: n.a.

This year: Yes

Comment:

Performance Measurement Mechanisms

4.2.3. Are there publicly available reports about the Civil Section of the First Instance Court of Ras Al Khaimah that show the court’s performance and the progress of cases through the court? Please answer No if the information is available for internal monitoring purposes but is not publicly available.

Answer from 2018: No

This year: No

Comment:

Pre-Trial Conference

4.2.4. Is a pre-trial conference part of the case management techniques used before the Civil Section of the First Instance Court of Ras Al Khaimah?

A pre-trial conference is a meeting presided by the judge and designed to narrow down contentious issues and evidentiary questions before the trial. Its purpose is to discuss the possibility of

Answer from 2018: Yes

This year: Yes Legal basis:

settlement and to expedite the trial process while discouraging unnecessary pretrial motions or other delay tactics.

 

4.2.4.1. If yes, which issues would be discussed and which actions would take place in such a pre-trial conference?

Last round: Scheduling, including time frame for filing motions and other documents with the court; Possibility of settlement or ADR

  • Scheduling, including time frame for filing motions and other documents with the court
  • Possibility of settlement or ADR Exchange of witness list

4.2.4.2. If yes, for what type of cases is the pre-trial conference used in practice?

Answer: A pre- trial conference is applicable to all types of cases except in labor cases.

Electronic Case Management System

If an electronic case management system is in place within the Civil Section of the First Instance Court of Ras Al Khaimah, please answer the following three questions.

4.2.5. Which of the following actions can judges perform through the electronic system?

  • Access laws, regulations and case-law
  • Automatic generation of a hearing schedule for all cases on the judge's docket 
  • Track status of a case on the judge's docket

4.2.6. Which of the following actions can lawyers perform through the electronic system?

Access laws, regulations and case-law Access forms to be submitted to the court Receive notifications (e.g. emails)

Track the status of a given case (future hearings, deadlines, etc.) View and manage case documents (briefs, motions, etc.)

 File briefs and documents with the court

Access court orders and decisions on a given case Additional features, please explain

4.2.7. Are all the features you selected in questions 4.2.5. and 4.2.6 part of/integrated into the electronic case management system? Please explain         Yes.

 

4.3 Court Automation

Electronic Filing

4.3.1. Can the initial complaint be filed electronically through a dedicated platform within the Civil Section of the First Instance Court of Ras Al Khaimah? Please answer No if it can only be filed by e- mail or fax.

Answer from 2018: No

This Year: Yes

Comment: An initial complaint cant be filed on Ras Al Khaimah court website

4.3.1.1. If yes, when the initial complaint is filed electronically, must a hard copy be submitted as well?

Answer: No

Comment: Owing to the pandemic, complaints can be filed merely through the court website, a hard copy is not required. However, in general practise

 

hard copy was required to be served.

Electronic Service of Process

4.3.2. Can the initial complaint filed before the Civil Section of the First Instance Court of Ras Al Khaimah be served on the defendant electronically? If so, please specify how service is carried out (by e- mail, SMS/text, fax, etc.).

Answer from 2018: No

This Year: No

Comment:

4.3.2.1. If yes, when the initial complaint is served on the defendant electronically, must a hard copy be delivered as well for the defendant to be deemed duly served? Please explain if there are any additional in-person interactions required to complete service.

Answer: -Click to Select-

Comment: N/A

Electronic Payment of Court Fees

4.3.3. Can court fees be paid electronically within the Civil Section of the First Instance Court of Ras Al Khaimah? Please answer Yes also if payment can be made through online banking.

Answer from 2018: Yes

This Year: Yes

Comment:

4.3.3.1. If yes, is a physical interaction with the bank, the court, or the post office required to complete electronic payment?

Answer: No

Comment:

Publication of Judgments

4.3.4. Are judgments rendered at all levels in commercial cases made available to the general public through publication in official gazettes, in newspapers or on the internet/court website? If judgments are published online, please include a link to the relevant website. Please answer No if only selected judgments are  published.

Answer from 2018: No

This Year: No

Comment:

4.3.5. Are judgments rendered in commercial cases at the appellate and supreme court level made available to the general public through publication in official gazettes, in newspapers or on the internet/court website? If judgments are published online, please include a link to the relevant website. Please answer No if only selected judgments are published.

Answer from 2018: No

This Year: No

Comment:

4.4 Alternative Dispute Resolution

Arbitration

4.4.1. In Ras Al Khaimah, is domestic commercial arbitration governed by a consolidated law or consolidated chapter/section of the applicable code of civil procedure encompassing substantially all its aspects? If "Yes", please indicate the name and year of publication of the law.

Answer from 2018: Yes

This year: Yes

Comment: Federal Law Number 6 of 2018.

4.4.2. Are valid arbitration clauses or agreements usually enforced by the courts in the United Arab Emirates? Please answer No if courts would adjudicate a case despite the presence of a valid arbitration clause or agreement.

Answer from 2018: Yes

This year: Yes Comment:

4.4.3. Are there any commercial disputes – aside from those that deal with public order or public policy – that cannot be arbitrated in the United Arab Emirates?

Answer from 2018: No

This year: No

Comment:

Voluntary Mediation / Conciliation

4.4.4. Is voluntary mediation/conciliation available in Ras AlKhaimah? Please answer Yes only if the parties do not have to participate in the process unless they want to.

Answer from 2018: No

This year: -Click to Select- 

Comment:

4.4.5. In Ras Al Khaimah, is mediation/conciliation governed by a consolidated law or consolidated chapter/section of the applicable code of civil procedure encompassing substantially all aspects of mediation/conciliation (for example, definition, aim and scope of application, designation of mediator/conciliator, initiation of the process, principles governing the process, enforcement)? ? If Yes, please indicate the name and year of publication of the law.

Answer from 2018: No

This year: Yes

Comment:   Amiri Decree Number 18   of 2019 regarding the establishment of mediation and settlement department of civil and commercial disputes

4.4.6. Related to the above, are you aware of Amiri Decree Nº 18/2019 issued on the establishment of the mediation and amicable settlement of civil and commercial disputes section? If yes, please indicate the issues that are governed by the Decree.

Answer: Yes

Comment: The Amiri Decree Number 18 of 2019 lays down the following;

  1. It establishes the department mediation and concilliation
  2. Civil and commercial matters can be referred to hereunder excluding matters that are; urgent in nature, matters that the financial court has jurisdiction over and cases pertaining to the special judicial committee
  3. the law allows litigants to rely on experts in furtherance of their cause whenever necessary during the course of the hearing
  4. in case the dispute is not settled amicably, the mediator may refer the matter to the court.
  5. the law further governs all such matters and procedures as may be applicable. All such other controls, standads and procedures are governed by executive regulations attached to the law.

4.4.7. Are there financial incentives for parties to attempt mediation/conciliation (i.e. refund of court filing fees, income tax credits, etc.)?

Answer from 2018: No

This year: No

Comment:

 

5. Time Estimates

In light of your experience with cases comparable to the case study described in Section 1, please indicate the number of calendar days that would usually be necessary in practice to resolve it.

If you updated the competent court in Section 3, please provide time estimates for the new court below.

5.1 Filing and service phase

This section measures the time it would take between the moment Seller (the plaintiff) decides to sue and the moment Buyer (the defendant) is served in the Civil Section of the First Court of Ras Al Khaimah (assuming that both parties are domiciled in Ras Al Khaimah).

 

Answer

5.1.1. Before filing a lawsuit, the Seller tries to obtain payment out of court through a non- litigious demand letter. How long would this process take? In your estimate, please include the time to prepare the letter and the deadline that would be provided to the Buyer to comply. Under the case study described in Section 2, it is assumed that the Buyer will not comply.

In order to obtain compliance with the seller’s request a legal notice may be sent, to which the buyer is required to reply within a period of 5 days.

Depending on the complexity of the matter and the time taken to draft the letter and the deadline provided to the buyer, we may approximately take a maximum of 7 days in total.

5.1.2 If mandatory mediation is required before filing a case in court, how long would it take? Under the case study described in Section 1, it is assumed that the parties will not reach an agreement.

The mediation process, if required, shall depend on the complexity of the case and discretion of the mediator.

5.1.3. How long would a lawyer take to write the initial complaint and gather all supporting documents needed for filing (including authenticating them, if required)?

Depending upon the complexity of the case and volume of documents required to be collected for filing the process can take anywhere between 3 to 7 days.

5.1.4. How long would it take to file the initial complaint with the court and serve the defendant?

In your estimate, please include the processing time at the court’s registrar and the waiting periods between unsuccessful attempts to serve the claim on the defendant, if more than one attempt is usually required.

It may take anywhere between 5-7 days to file the initial complaint and serve the defendant.

5.1.5. What are the main causes of delay during this phase?

  • Difficulties in locating the defendant for purposes of service
  • Slow service by bailiff, attorney or other

 

Answer from 2018

This year

Comment

5.1.6. In light of the above, is the 2018 estimate for the entire "filing and service" phase still accurate?

15 calendar days

Yes

 

 

5.2 Trial and judgment phase

This section measures the time from the moment the defendant is served until the time to appeal has elapsed.

 

Answer

5.2.1. How long does it take, in practice, between the moment the summons is served on Buyer (the defendant) and the moment a pre-trial conference is held? If pre-trial conferences do not take place in your country, please proceed to the next question.

The whole process right from service of summons to the pre- trial conference mainly depends on the processing of the case with the case management office, however, we may take an approximate period of 30 days as a basis for this evaluation.

5.2.2. How long does it take, in practice, between the moment the case is served and the moment the first trial hearing is held?

To reiterate, the case may take time to be processed, but for the sake of this evaluation, approximately 15 days

5.2.3. How many hearings would be required, in practice, to resolve the standardized case study?

Depends on the discretion of the judge.

5.2.4. When a hearing is postponed, or when more than one hearing would be necessary to resolve the case, how long would the parties have to wait for the next hearing?

Depends on the date of adjournment or hearing set by the judge.

5.2.5. How long would an expert usually take in practice to deliver his/her opinion?

The expert may take a reasonable amount of time to render their opinion as per the subject matter of the case.

5.2.6. How long would the judge take, in practice, to issue a written final judgment once the evidence period has closed?

As per the law, there are no specific deadlines that are stipulated for a judge to issue a final judgment once the evidence is closed, once the judge is satisfied with all the evidence he may, as per his discretion set a date for judgment

5.2.7. What is the time limit for appeal in the United Arab Emirates?

The time limit to appeal in a regular case is 30 days. In case of urgent matter the process may be expedited to 10 days.

5.2.8. What are the main causes of delay during this phase? 

  • Frequent adjournments
  • Limited availability of experts and delays caused by the expert's activity

 

Answer from 2018

This year

Comment

5.2.9. In light of the above, is the 2018 estimate for the entire "trial and judgment" phase still accurate?

75 calendar days

Yes

 

 

5.3 Enforcement of judgment phase

This section measures the time it would take the plaintiff, once the appeal period has elapsed, to:

  1. start enforcing the judgment;
  2. seize defendant's movable assets;
  3. organize a public sale of the seized assets; and
  4. recover the value of the claim.

 

Answer

5.3.1. How long does it take, in practice, to obtain an enforceable copy of the judgment and contact the relevant enforcement officer?

Approximately 2 to 3 days.

5.3.2. How long does it take, in practice, to locate, identify and seize the losing party’s movable assets (including the time necessary to obtain an order from the court to attach and seize the assets)?

The location, identification and seizure of movable assets of the losing party depends on the discretion and time taken by the investigator to evaluate the circumstances and come to a conclusion  thereof.

5.3.3. How long does it take, in practice, to advertise, organize and hold the public sale of the losing party’s movable assets?

Approximately 15 days

5.3.4. If in practice more than one auction would be necessary to recover the value of the claim, how many days would pass between auctions?

An auction typically goes on for a period of 5 days, if in case the auction is not completed, a period of 3 months are required to elapse for the next session to commence.

5.3.5. Once the auction is completed, how long will it take the winning party to recover the value of the claim?

Once the auction is complete, the time period required to recover value of claim solely depends on the court procedure.

5.3.6. What are the main causes of delay during this phase? Attaching the movable assets

  • Organizing the public auction Waiting for the public sale to be held Finding buyers for the goods
  • Other, please explain

 

Answer from 2018

This year

Comment

5.3.7. In light of the above, is the 2018 estimate for the entire "enforcement" phase still accurate?

70 calendar days

Yes

 

 

6. Cost estimates

  • Reminder – Value of the claim for Doing Business in Ras Al Khaimah 2021: AED 317,386.
  • Indicate all costs and expenses Seller (the plaintiff) must advance, regardless of the costs that Seller can recover at the end, when he wins the case. Please include official costs only.
  • If the competent court in Section 3 has changed, please list the fees that would apply in the new court.

6.1 Attorney fees

Please provide an estimate of the average attorney fees that would be charged by a local law firm to handle a case like the standardized scenario, taking into account the qualification and experience of the attorney required in your country for this case. Please include the fees to handle the case up to judgment; the fees for enforcement if a lawyer is commonly retained for this purpose; and, if applicable, value added tax or other taxes.

 

 

Answer from 2018

This Year

Comment

6.1.1. Is the 2018 estimate still accurate?

9.9% of claim value

No

Attorney fees generally depend upon the scope of work and the total claim amount concerned.


6.2 Court fees (up to judgment only) and expert fees

Please provide the approximate average cost that would be incurred by Seller (the plaintiff), bearing in mind the competent court for the standardized case.

 

Answer

I. Fees to register the case (filing fees only)

For civil and commercial claims over AED 1 million is 10% of the claim value in case of a corporate entity.

5% of the claim value in case of an individual.

II. Fees for the pre-trial attachment

4% of the total value with a minimum of AED 100 not exceeding AED 30,000

III.   Fees for the issuance of the judgment

AED 50

IV. Other court fees that would need to be advanced by Seller (please specify)

N/A

V. Fees charged by a local expert if he/she had to work for 10 hours to deliver an opinion on the quality of the furniture. If such fees are regulated by a fee schedule, please include a link.

As may be decided by the court

 

Answer from 2018

This Year

Comment

6.2.1. In light of the above, is the 2018 estimate of court fees and expert fees still accurate?

11.0% of claim value

No

For civil and commercial claims over AED 1 million is 10% of the claim value in case of a corporate entity. 5% of the claim value in case of an individual.


6.3 Enforcement fees

Please provide the approximate average cost that would be advanced by Seller (the plaintiff) for a case similar to the standardized case.

 

Comment

I. Fees to register the judgment

AED 100

II. Fees for the pre-trial or attachment order, as applicable

N/A

III. What are the fees for the auction (publicity, tax, enforcement officer, etc.)? Please explain.

N/A

IV. Would Seller have to advance the fees for the organization of the public auction (publicity, tax, enforcement officer, etc.)? Please answer No if the enforcement officer is paid out of the proceeds of the public sale.

No.

V. Other enforcement fees that would need to be advanced by Seller (seizure of goods, advertisement, storage, etc.) (please specify)

N/A

 

Answer from 2018

This Year

Comment

6.3.1. In light of the above, is the 2018 estimate still accurate?

4.0% of claim value

Yes

4% of the total value with a minimum of AED 100 not exceeding AED 30,000

 

Thank you very much for completing the Enforcing Contracts questionnaire.

We sincerely appreciate your contribution to the Doing Business in Ras Al Khaimah 2021 study.

                             "Originally published by the World Bank Group in its 'Doing Business in Abu Dhabi 2021' study"

 

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