Do you have a dispute with other party whether it was a supplier, an employee, an employer, a client, a bank, a real estate developer, or even a partner?
Or
Did this dispute become a case before a civil, commercial, or labor court, rental or real-estate committees or did it become a criminal complaint or case before police or public prosecution?
We as EuroMEA Legal Services are ready to represent you before all courts and official bodies to help you to gain back all your deserved rights.
In case disputes are not resolved by amicable settlements, the concerned parties may resort to litigation before courts. Litigation requires a lawyer and a legal consultant who must be well versed with all litigation procedures and the laws that may be applied by the judge to resolve the dispute as well as grievance procedures with respect to judicial rulings or appeals before the Supreme Courts. Litigation before courts may be long or short journey, and the party that has the evidence with best argument wins over the other party.
What does litigation Mean?
Litigation is the process of taking the dispute to a court of law, the disputing party may represent themselves or through lawyers by way of exchanging memos of pleading and defense as well as arguing their defenses and the court issue its judgment based on the same, aggrieved parties may appeal to higher court subject to the law.
Litigation Stages and Procedures:
EuroMEA Legal Services works through its team of lawyers and litigation experts to properly represent their clients and follow all the Court procedures that would serve their interests at all stages of litigation detailed below. Such procedures are common in all disputes. However, there may be minor differences, depending on the type of the case and the court before which the case has been brought, and such procedures are as follows:
1- Complying with Temporary Procedures (Orders on Petitions):
EuroMEA Legal Services is highly professional law firm when it comes to adopting temporary procedures, such as filing urgent claims, in which the judge decides on the claim by studying the supporting documents without reaching a final decision on the dispute. Such procedures aim at ensuring the rights of parties, and it is less time consuming in comparison to lengthy litigation procedures. Moreover, the enforcement of such orders are usually executed by using the police force if necessary or it happens in such cases where the other party refrains from executing the Court’s decisions.
There are many types of temporary procedures before Courts, for example:
- Issuance of an order on petition contains directions to seize bank accounts, cars, and property of the debtor in case pertaining for outstanding debt such as a bad cheque, acknowledgment of indebtedness or acknowledgment of indebtedness via e-mail.
- Issuance of an order on petition contains directions to urgently assign an expert to prove the status of the project site or the percentage of completion in a contracting project.
- Issuance of an order on petition contains directions to ban the debtor from traveling due to the existence of a debt owed to a foreigner residing in the United Arab Emirates.
- Issuance of an order on petition contains direction requiring the employer or the debtor to hand over the passport to the employee or the creditor.
- Issuance of an order on petition requiring the employer to issue a certificate of experience to the employee until the end of the labor dispute.
2- Dispute Settlement Committee:
Through its experienced team of lawyers and litigation experts, EuroMEA Legal Services represents the client before the Dispute Settlement Committee, in each court. The Dispute Settlement Committee in each Court attempts to resolve the dispute amicably between parties before referring it to the Court’s discretion. In each Court, whether it is civil, commercial, labor or personal status court, there is a committee concerned which attempts to amicably resolve disputes between parties. If such settlement fails, then the lawsuit is liable to be referred to the concern court.
3- First Instance Lawsuit:
At EuroMEA Legal Services, team of lawyers and litigation experts are fully capable of representing clients before Courts, competing lawsuit procedures, submitting memos and the defense until the issuance of a final judgment on the first instance lawsuit.
The first instance lawsuit is viewed as the first litigation stage, during which the parties (litigants) are notified of the existence of lawsuits against them through the court’s process server. In case if said litigants fails to appear then investigations upon them are carried out, or the parties in a lawsuit notified through publishing the notification in the official state gazettes.
Upon the completion of the notification procedures for the parties, memos are exchanged and then pleadings before the judge starts. Thereafter, the lawsuit awaits the ruling of the Court. On the date of the judgment, a judgment is issued, whether it was a preliminary judgment by assigning an expert after determining a hearing of witnesses’ session or determining an investigation session, and/or a final judgment in which a final decision on the lawsuit is reached.
4- Judicial Experts Assigned by the Court:
EuroMEA Legal Services possess highly experienced team of lawyers which are ready to represent you before the expert committees, as the Court assigns several experts since this is usually happens in such cases wherein technical matters are involved that cannot be decided by the Court without the support of an expert opinion. Therefore, the court may assign a subject-matter expert to provide the Court with his opinion and advice. Hence, the court may accept the said advice or return it to the concerned expert one more time if one or both of the parties refuses the given advice of the expert. Therefore, the refusing party must provide court with a statement detailing with the reasons for their refusal.
The type and number of the experts assigned by the court varies; as experts assigned by the court may include professional accountant experts for financial disputes, engineering experts for contracting and construction works, banking field experts for matters related to banks, loans and credit cards, insurance field experts in cases of accidents and cars, and forensic experts in fraud suits of electronic signatures and materials, etc.
Furthermore, the expert committee may include a variety of experts, such as engineering experts, accounting experts and electromechanical experts in contracting cases as well as other experts according to the type of dispute between the parties.
Our law firm lawyers attend the sessions before expert committees, also attend inspections and witness hearings, as well as provide expert technical reports and present cases to the assigned expert until the report is issued by the assigned expert committee.
5- The Appeal Case:
EuroMEA Legal Services works to represent its clients in appeal cases by filing objections to the first instance judgments as well as demonstrating our point of view on the shortcomings and weaknesses of such judgments as we request the Court of Appeal to amend the said judgments, which work to implement the same procedures mentioned in the first instance proceedings mentioned above. Resultantly, the Court issues a preliminary or final judgment regarding the case.
It is noteworthy that each Court has different jurisdiction according to the minimum value of the dispute to be appealable, and it varies according to the nature of each case as well.
6- Cassation before Supreme Courts
Our law firm lawyers submit appeals and responds to the opponent’s appeals before the Supreme Court. Then Supreme Court monitor the application of the law by the Courts of First Instance and Courts of Appeal and issue further decisions in the case subject to the need for correcting issued judgments. Otherwise, Supreme Courts may return the case to the previous Court either the Court of First Instance or the Court of Appeal with order to the previous Court to reconsider the case after indicating the shortcomings of the previous judgment.
It is noteworthy that opting for an appeal procedure before Supreme Courts requires a minimum value of the dispute or specific nature for the judgment be challenged before the Supreme Courts, and the title of the Supreme Court sometimes varies according to each emirate.
7- Execution of Judgments
EuroMEA Legal Services through its team of lawyers, works in the final stage of the litigation dispute to execute such judgments that have been issued as final judgments and that cannot be subject to appeal (in case of appeal before the Supreme Court, appeal judgments may be executed and the suspension of execution of judgments may be requested before the Supreme Court). The execution of judgments is usually done by notifying the other party of the necessity of executing the judgment, and in case if the said party refrains from doing so, the judge executes the said judgment by exercising force through some mechanisms, including:
- Addressing banks to seize future bank accounts and deposits with the value of the amounts lying in such accounts.
- Addressing the Real estate Departments to seize real estate and lands owned by the judgment debtor and to prevent him from disposing of them until they are auctioned.
- Addressing Traffic Departments to seize cars and vehicles owned by the judgment debtor and to prevent him from disposing of them until they are auctioned.
- Issuing arrest warrants against the debtor if he is a person.
- Issuance of orders to the police to execute a Court order if required, such as evicting tenants.
- Other procedures.
In all such cases and stages, EuroMEA Legal Services represent its clients and works to achieve the expected objectives and outcomes of the lawsuits in a strictly confidential manner. Our law firm keep clients updated on all the lawsuits procedures, defenses submitted by parties and responses to such defenses. Furthermore, our law firm cooperate with clients to submit a proper defense by asking the client to provide us with documents supporting their defense, especially in cases that involve a huge number of documents or technical materials that require being explained and simplified by technical staff prior to the lawyer’s appearance before the court.
Litigation Service
While it is difficult to obtain the perfect legal advice and appropriate legal representation, EuroMEA Legal Services provides all types of litigation services before the Courts of various degrees, drafting legal memorandums and pleadings, as well as taking timely and executive procedures with an exceptional level of professionalism.
In addition, our law firm also offer services for appealing against verdicts before Appellate and Cassation Courts to challenge all wrongful verdicts and to correct such verdicts through higher courts in accordance with the litigation procedures. Hence, we submit the objections to higher courts according to the procedures of litigation.
Moreover, our law firm lawyers are fully capable of representing clients before judicial expert committees assigned by Courts to provide defense and respond to the reports submitted by the litigants in the proceedings or those which are issued by the respective expert committees.
Thus, contact EuroMEA Legal Services now to discuss your claims or cases that require lawyers to represent you before the court.