Same City, Very Different Courtroom: Hearings Before UAE Courts and DIFC Courts

You have a court hearing in Dubai. What should you expect?

The answer may be surprisingly different depending on which court is hearing your case.

This publication is particularly intended to our clients holding hearings in local courts to explain that UAE Courts’ hearings are not expected to offer the action we tend to see in tv courtrooms. A few lines are exchanges, if more than 2. Literally. Hearings in front of DIFC judges are very different and attendees must be extremely well prepared, knowledgeable of the entire case file so as to entertain a reasonable guiding dialogue wiht the Court.

Dubai operates within the UAE’s civil-law judicial system, but it is also home to the DIFC Courts, an English-language common-law court system.

For international clients in particular, the experience of attending or conducting a hearing before the UAE onshore courts can therefore feel very different from appearing before the DIFC Courts.

Having worked with matters across both systems, these are some of the practical differences that clients should understand.

1. Language: Arabic vs English

The most immediate difference is language.

Proceedings before the UAE onshore courts are conducted in Arabic. Documents in another language will generally need to be submitted with the appropriate Arabic legal translation.

The DIFC Courts operate in English.

For an international business or individual, this distinction alone can significantly change the experience of following proceedings and reviewing the documents being placed before the Court.

2. The Hearing Itself – DIFC vs Dubai Court Hearings

This is perhaps where clients notice the greatest difference.

In UAE onshore litigation, a significant part of the case is developed through written submissions and documentary evidence filed during the proceedings. Hearings can be relatively short and procedural, with the Court directing the parties to file memoranda, responses or supporting documents.

Do not necessarily expect the lengthy oral advocacy commonly portrayed in films and television.

A DIFC Courts hearing is generally much closer to the common-law advocacy model familiar to lawyers and clients from jurisdictions such as England and Wales.

Depending on the application or stage of proceedings, counsel may make detailed oral submissions, take the judge through the evidence and authorities and respond directly to questions from the bench.

3. The Role of the Judge

The judicial traditions are also different.

UAE onshore courts operate within a civil-law system, where the Court plays a central role in managing and determining the issues based on the parties’ submissions, applicable legislation and evidence.

The DIFC Courts apply a common-law procedural model, with considerably greater emphasis on the parties presenting competing legal arguments, precedent and authorities through their advocates.

The interaction between judge and advocate can therefore feel markedly different.

4. Lawyers and Advocacy in DIFC and Dubai Court Hearings

Another practical distinction is who you see presenting the case.

Before the UAE onshore courts, rights of audience and representation are subject to the applicable UAE rules, and international clients frequently work with a legal consultant or international firm alongside appropriately licensed local advocates. Where international firms take the place of ‘solicitors’, local attorneys that of ‘barristers’.

In the DIFC Courts, registered practitioners operate under the DIFC Courts’ own registration and rights-of-audience framework.

This can make DIFC proceedings feel more immediately familiar to parties accustomed to international commercial litigation.

5. Experts Can Play Very Different Roles

Experts are important in both systems, but their practical role can differ considerably.

In UAE onshore litigation, court-appointed experts can play an extremely significant role in commercial, construction, accounting and other technically complex disputes.

The Court may appoint an expert to investigate factual and technical matters, review documentation, meet the parties and produce a report for the Court.

For clients unfamiliar with UAE litigation, this stage can sometimes feel almost like a proceeding within the proceeding.

DIFC litigation follows a more recognisably common-law approach to expert evidence, with procedural rules governing expert evidence and the duties owed by experts to the Court.

6. What About Witnesses?

Another common misconception is that every lawsuit culminates in witnesses taking the stand and being cross-examined.

That is not necessarily the experience in UAE onshore litigation, in Dubai Court Hearings.

Documentary evidence, written memoranda and expert evidence can carry substantial importance, and the procedural path may look very different from a traditional common-law trial.

Before the DIFC Courts, witness statements, oral evidence and cross-examination are more recognisable features of substantive trials where factual evidence needs to be tested.

Does the Client Need to Attend DIFC or Dubai Court Hearings?

Not always.

Clients sometimes assume that receiving a hearing date means that they personally need to appear before the judge.

In many UAE onshore proceedings, the client’s legal representatives can attend and manage procedural hearings without the client being personally present.

Similarly, not every DIFC Courts hearing requires the client to attend personally.

Whether attendance is advisable or necessary depends on what the particular hearing is actually for.

And that is an important question to ask your lawyer before any hearing.

Two Court Systems. One Dubai.

Neither system is inherently “better”.

They are different judicial environments, developed from different legal traditions and designed to deal with disputes according to different procedural frameworks.

The appropriate forum may depend on jurisdiction, the parties’ contractual arrangements, the nature of the dispute and, in some circumstances, choices made when the transaction was originally documented.

For businesses operating in Dubai, understanding those differences before a dispute arises can be just as important as understanding them once litigation has begun.

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At Rubert & Partners, we regularly advise UAE and international clients on dispute resolution, litigation strategy and DIFC Courts proceedings, working alongside local advocates where required. We also regularly publish practical insights on living, working, investing and doing business in Dubai and across the UAE, as well as developments affecting individuals, families and businesses operating in the region.

We invite you to explore the following Rubert & Partners resources, where you will find practical information and guidance on legal and corporate matters in the United Arab Emirates:

R&P Help Center – providing direct answers to frequently asked questions on UAE legal and corporate topics.

R&P Publications – offering more comprehensive insights and analysis on key legal, regulatory, and business issues affecting companies and individuals operating in the UAE.

Maria Rubert’s YouTube Channel – offering insights on UAE law and practice.

Should you have any questions or require tailored legal advice, please do not hesitate to contact our team:

Email: info@rubertpartners.com
Telephone: +971 4 238 0965
WhatsApp: +971 50 351 4036

**This publication is not intended to serve as legal advice. It is a publication of general application to those with an interest in litigation in UAE. Litigation matters must be individually and independently assessed.