Law
No. (2) of 2019
Amending
Law No. (21) of 2015
Concerning
Judicial Fees of the Dubai Courts[1]
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We, Mohammed bin Rashid Al Maktoum, Ruler
of Dubai,
After perusal of:
Law
No. (21) of 2015 Concerning Judicial Fees of the Dubai Courts (the “Original
Law”);
Law
No. (1) of 2016 Concerning the Financial Regulations of the Government of
Dubai; and
Law
No. (13) of 2016 Concerning the Judicial Authorities in the Emirate of Dubai,
Do
hereby issue this Law.
Articles
(8), (14), and (35) of the Original Law are hereby superseded by the following:
The
fees payable pursuant to this Law will not apply to the following categories,
lawsuits, applications, and appeals:
1.
lawsuits, appeals, or applications
filed by federal or local government entities in the Emirate or in any other
emirate of the United Arab Emirates;
2.
lawsuits regarding endowments,
gifts, and bequests dedicated for charity or allocated to charitable
associations, where these lawsuits are filed by the relevant entities;
3.
lawsuits filed by the shareholders
of a public joint stock company against the board of directors or the executive
management of that company, where the shareholding of the claimants
does not exceed
ten percent (10%) of the total shares of the company;
4.
appeals
of alimony judgements;
5.
amounts
deposited by a trustee in bankruptcy on account of the bankruptcy estate;
6.
amounts
deposited by auction bidders on account of the price of real property;
7.
amounts
deposited by federal or local government entities for
the account of concerned
parties;
8.
applications
for Islam proclamation or for Embracing Islam Certificates;
9.
attestation
of applications for social aid; and
10. applications
for death and succession certificates.
a.
A fee of six percent (6%) of the relevant claim value will
be collected in
respect of the lawsuits filed with first instance courts,
the civil lawsuits
based upon criminal lawsuits, and the lawsuits that arise from commercial
activities where
the claim value exceeds five hundred thousand
Dirhams (AED 500,000.00). This fee will not apply to family lawsuits. The
fee may neither be less than five hundred Dirhams (AED 500.00) nor exceed:
1. twenty thousand Dirhams (AED
20,000.00), where
the claim value does not exceed five hundred thousand Dirhams (AED
500,000.00);
2. thirty thousand Dirhams (AED
30,000.00), where
the claim value ranges between five hundred thousand and one Dirhams (AED 500,001.00) and one million Dirhams (AED
1,000,000.00); or
3. forty thousand Dirhams (AED
40,000.00), where
the claim value exceeds
one million Dirhams (AED 1,000,000.00).
b.
A fee of six percent (6%) of the relevant claim value will
be collected in respect of the lawsuits that arise from commercial activities
and are filed with first instance courts, where the claim value does not exceed
five hundred thousand Dirhams (AED 500,000.00).
This fee may neither be less than five hundred Dirhams (AED 500.00) nor exceed
twenty thousand Dirhams (AED 20,000.00). The fee will be collected as follows:
1. A fee of six percent (6%) of the
claim value will be collected from the claimant at the time of registration of the lawsuit.
This fee may neither be less than five hundred Dirhams (AED 500.00) nor exceed
five thousand Dirhams (AED 5,000.00). The fee amount will be
included in
the legal costs awarded by the judgement in the lawsuit.
2. A fee of six percent (6%) of the amount awarded by a final
judgement
will be collected from the judgement debtor. This fee may neither be less than five hundred Dirhams
(AED 500.00) nor exceed fifteen thousand Dirhams (AED 15,000.00).
c.
Where
the claim value in
a labour lawsuit filed with a first instance court exceeds
one hundred thousand Dirhams (AED 100,000.00), a fee of five percent (5%) of the
claim value will be collected in respect of this lawsuit.
However, this fee may not exceed twenty thousand
Dirhams (AED 20,000.00).
d.
The lawsuits and applications filed
with first instance courts
and set forth in Schedule (1) attached to this Law
will be subject to the fees indicated opposite each of them.
a.
A fee of two percent (2%) of the
amount due under a writ of execution will be collected in respect of the application for
enforcement of that writ of execution. This fee will not apply to writs of execution issued
in lawsuits that
arise from commercial activities, where the claim value does
not exceed five hundred thousand Dirhams (AED
500,000.00).
b.
Where a judgement awards a non-monetary
relief,
a fee of twenty percent (20%) of the fee collected by the first instance court in
respect of the lawsuit will be collected from the applicant for enforcement of
that judgement.
c.
The fee collected pursuant to
paragraph (a) or
paragraph (b) of this Article may neither be
less than two hundred Dirhams (AED 200.00) nor exceed five thousand Dirhams
(AED 5,000.00). However,
the minimum fee prescribed
in this paragraph will not apply to enforcement proceedings
in
labour lawsuits.
d.
A fee of two thousand Dirhams (AED
2,000.00) will be collected in respect of the applications for enforcement of
writs of execution issued in lawsuits
that arise from commercial activities, where the claim
value does not exceed five hundred thousand Dirhams (AED 500,000.00). This fee
will be collected as follows:
1. A fee of one thousand Dirhams (AED
1,000.00) will be collected from the applicant for enforcement at the time of registration of the enforcement application. The fee amount will be included in the enforcement costs.
2. Upon conclusion of the enforcement proceedings, a fee of one thousand Dirhams (AED
1,000.00) will be collected from the enforcement debtor.
The
two (2) fees stated under items (72) and (74) of Schedule (1) attached to the
Original Law are hereby reduced from two thousand Dirhams (AED 2,000.00) to
five hundred Dirhams (AED 500.00).
This
Law comes into force on 15 April 2019, and will be published in the Official
Gazette.
Mohammed bin Rashid Al Maktoum
Ruler of
Dubai
Issued in Dubai on 30 May 2019
Corresponding
to 25 Ramadan 1440 A.H.
©2020 The Supreme Legislation Committee in the
Emirate of Dubai
[1]Every effort has been made to produce an
accurate and complete English version of this legislation. However, for the
purpose of its interpretation and application, reference must be made to the original
Arabic text. In case of conflict, the Arabic text will prevail.