Procedural Pathways in UAE Civil Litigation
The UAE Civil Procedures Code (Federal Decree-Law No. 42 of 2022) provides distinct mechanisms for creditors to recover debts. Understanding the difference between a 'Payment Order' (Summary Claim) and a 'Substantive Claim' is essential for efficient legal recovery. These pathways depend on the nature of the evidence and the clarity of the debt involved.
Payment Orders: The Summary Route
A Payment Order is an expedited procedure used when a debt is confirmed in writing, liquidated, and immediately exigible. This typically applies to claims based on commercial papers like cheques or signed acknowledgments of debt. The creditor must first serve a formal demand for payment, allowing the debtor five days to settle before applying to the court for a summary judgment without a full trial.
Substantive Claims and Full Litigation
Where a claim is contested or based on complex contractual disputes requiring extensive evidence (such as invoices, performance reports, or witness testimony), a Substantive Claim must be filed. This involves a full trial process before the Court of First Instance, where both parties present arguments, and the court may appoint experts to verify technical or financial details before rendering a final judgment.