Success in court case depends on multiple factors. Similarly, whether to go to court or not also depends on various factors. Most of the lawyers will suggest that litigation should be the last alternative in case of any legal conflict. To win in a court, people must educate themselves about various laws and their implications. It is the duty and legal responsibility of the lawyer to educate their clients about the possible outcome.
The UAE judicial system follows a zero-tolerance policy depending on the nature of the case. Criminal law cases have zero or very low chances of getting settled out-of-court. However, it is different for Civil, Commercial, and Family law. There are various benefits and side-effects of both ways. We have listed a few of them, so, you can make the right decision.
- Public/Private: Litigation is a formal process and happens in a public courtroom. On the other hand, arbitration or out of court settlement usually takes place in a lawyer’s office.
- Time duration: Though UAE courts are famous for fast delivery, yet every case takes its own sweet time to reach the final verdict. Plus, the parties have to wait for their trial to be scheduled. In an out-of-court settlement, if both parties agree on mutual ground, then one can solve in the first meeting itself.
- Cost of the process: Your lawyer will be the best person to handle this question. An experienced lawyer will know the amount of time or money a particular court case may incur.
- Appeal: No appeal is possible once you make a decision to solve your legal complications out-of-court/arbitration. In case of litigation, you can appeal to higher courts if not satisfied with the judgment.
- Determining Jurisdiction: The court’s jurisdiction generally lies in the defendant’s domicile or the area of his work/residence. In commercial cases, the plaintiff can choose the court to which he/she can bring a claim to. Plaintiff has 3 options:
- The court where the defendant resides.
- The court where the agreement was made or executed wholly or partially.
- The court in the area where the contract should have been performed.
At Bin Eid Advocates and Legal Consultants, we offer the solutions based on the kind of legal complication you are facing. Our expert lawyers are qualified to find a winning solution, whether it’s inside the court or out-of-court. It is always advisable to have a competent lawyer by your side.