Dubai Courts Issue New Resolution

Dubai Courts Issue Resolution no. 6 of 2022 Concerning the Formation of Committee for Judicial Fees Deferment and Exemption

 

On February 2nd, 2022, Dubai Courts have issued Resolution No. 6 of 2022 concerning the formation of Committee for Judicial Fees Deferment and Exemption. The Committee consists of 5 member judges, with His Honor Judge Issa Mohamed Sharif as Chairman.

The committee is responsible for deciding on requests for fee deferment or exemption, in whole or in part. The decision to exempt or defer the payment of judicial fees includes all fees payable at all stages of litigation and any deposits or other amounts stipulated in Law No. 21 of 2015 regarding judicial fees in Dubai Courts or the applicable legislations, without the need for a decision to this effect.

Conditions for cases of fees deferment and exemption

Article (3) of the Resolution states that for fees exemption, any of the following cases is required:

  1. The plaintiff has no income or is insolvent and unable to pay the fees
  2. The plaintiff’s only source of income is the assistance of the Ministry of Social Affairs.
  3. Women or children victims of domestic violence, at the request of the Dubai Foundation for Women and Children.
  4. Heirs of martyrs’ dues for claims related to the rights of the martyrs.

As for the conditions for fees deferment, Clause 3 of Article (3) states the following conditions:

  1. The plaintiff is insolvent and unable to pay the fees when submitting the case.
  2. The foreign plaintiff must have a valid residence in the country when submitting the application.
  3. Any guarantees that the committee may request from the plaintiff.

However, if the exemption request is rejected, the Committee may defer the payment of the fees.

It is worth mentioning that workers who file a labor lawsuit against employers are exempted from judicial fees at all stages of litigation and execution for compensation less than AED 100,000, in accordance with Article (55) of the new Labor Law (Federal Decree-Law no. 33 of 2021), which came into effect on 2nd of February 2022.