UAE: Specialised courts for capital

The National
Marten Youssef

ABU DHABI // The capital has launched a major reform of its court system to cope with rising global investment in the emirate.

The Abu Dhabi Judicial Department announced yesterday that it would create special courts specifically dedicated to contract and construction disputes, medical liability and negligence cases, banking and finance issues, insurance claims and compensation demands.

“As investment in Abu Dhabi has doubled over the past year, it is necessary to develop the courts as well,” said a statement from the office of Sheikh Mansour bin Zayed, Chairman of the Abu Dhabi Judicial Department and Minister for Presidential Affairs.

The purpose of these specialised courts, it said, is to have judges, public prosecutors and lawyers become proficient in distinct kinds of cases. The Judicial Department believes this will “create an effective judiciary that is independent, transparent and efficient in solving cases with the same nature”.

The ministerial decree set certain days of operation for these courts. Details can be obtained on the department’s website: www.adjd.gov.ae.

The undersecretary of the Abu Dhabi Judicial Department, Sultan Saeed al Badi, said the changes were meant to gain public confidence in the emirate’s judiciary.

“Justice is the principal pillar in achieving the Government’s strategy and promoting investment and growth in the economy,” Mr al Badi said. “These new courts are the first of a kind in the emirate, and we have already started enacting these courts and expect that more of these specialised courts will be created as needed.”

Abdul Kader al Hathami, a lawyer who has been practising in Abu Dhabi for the past 26 years, applauded the decision to create specialised courts.

“This will give the public greater confidence in the judges’ knowledge of specific cases,” he said.

“Its impact will be seen over the next year.”

In 2008, courts across Abu Dhabi received 59,109 cases and claimed to have dealt with 99.99 per cent of these.

Mr al Hathami said there was a risk, however, that the focus on completing cases could shift the priority from quality to quantity.

“I feel like there is a rush to finish all of the court cases,” he said. “It is as if they are having a race with themselves.

“It looks good when they announce their expedience, but in my opinion this can affect the quality of justice if they just focus on speed.”

Since the creation of the Judicial Department in May 2007, officials have pledged to commit to a programme of modernisation, declaring transparency as one of its pillars.

The department has announced several modernisation efforts since its inception. Night courts were created to further speed the litigation process.

Courts were established throughout the emirate, including Delma Island. Notary public offices were set up in remote areas to serve smaller communities. Millions of cases, past and present, were electronically registered to do away with the handwritten case registration.

A new case management system was set up last month to allow judges and lawyers to electronically access cases with evidence and documents available on computers.

Last year, the department announced that some high-profile positions would, for the first time, be filled by women.

Abu Dhabi appointed Kholoud al Dhaheri as the first female judge and several women were subsequently appointed to the public prosecution office. Specialised public prosecutors were assigned to handle financial crimes. The Judicial Department has also sent and received delegates to and from the US, Canada and Singapore to exchange ideas.