Dubai’s fast-moving market rewards speed and clarity—traits that also determine outcomes in court. Whether you’re a startup chasing unpaid invoices or a developer navigating a construction dispute, the difference between a stressful experience and a controlled one often comes down to preparation. This playbook breaks down how to get ready for court cases in Dubai under Dubai law, from pre-action strategy to enforcement.
1) Start with jurisdiction, venue, and language
Before drafting a claim or response, confirm where the dispute belongs. In Dubai, most matters proceed in the onshore Dubai Courts under UAE federal law and Dubai legislation. However, parties may have agreed to the DIFC Courts (common-law, English-language) or to arbitration. Check the contract’s governing law, jurisdiction, and language clauses. Choosing the correct forum at the outset prevents wasted fees, delays, and jurisdictional skirmishes that can derail your case.
2) Build your story—chronology first, papers second
Judges appreciate clarity. Draft a dated timeline of key events (offer, acceptance, performance, defaults, notices, settlement attempts). Then collect the documents that prove each event. For commercial court cases, this usually includes:
In construction or real estate disputes, add: progress reports, site diaries, change orders, delay notices, expert site photos, and handover certificates. A clean bundle—indexed and labeled—wins credibility and saves time when the court appoints experts.
3) Get translations and formalities right
Onshore Dubai Courts operate primarily in Arabic. Foreign-language documents typically require certified Arabic translations. Some documents (like foreign company extracts or notarized powers) may need notarization and legalization. Build this into your timeline: ordering translations late is one of the most common reasons parties miss procedural windows.
4) Quantify the claim (or exposure) with precision
Under Dubai law, claims should be specific and supported. Prepare a damages schedule (principal, contractual interest, penalties, retention, or liquidated damages) and tie each figure to an exhibit. If the contract includes interest, specify the rate and trigger. Where damages require technical input (e.g., delay analysis, defect costs), line up an independent expert early. Precision encourages settlement and strengthens your position before the court-appointed expert.
5) Anticipate defenses and counterclaims
Strong pleadings address not only what happened but also what the other side will say. Common defenses in Dubai court cases include lack of proper authorization, failure to follow notice procedures, defective performance, late delivery, or set-off. Map the likely counterarguments and prepare documents that neutralize them. If there are weaknesses, propose commercially sensible solutions (partial payment plans, staged rectification) to show the court you are reasonable.
6) Use pre-action steps to your advantage
Some disputes require mandatory conciliation (e.g., certain employment or tenancy matters). Even when not required, a calibrated demand letter sets the tone: cite contract clauses, summarize the chronology, attach key exhibits, and offer a deadline for response. A professional letter—free of emotion—often unlocks negotiations or frames the issues for the judge if litigation proceeds.
7) Master the procedural rhythm
Dubai litigation is document-driven. Expect cycles of written memoranda, evidence uploads, and focused hearings. Track deadlines religiously; missing one can foreclose arguments. If the court appoints an expert, cooperate fully: respond on time, attend meetings, and give the expert an organized bundle. Expert reports carry significant weight, and constructive engagement can shape findings in your favor.
8) Consider alternative dispute resolution
Even after filing, mediation or without-prejudice discussions can narrow issues or resolve the entire case. For long projects or sensitive partnerships, a pragmatic settlement can protect relationships and reduce cost. Time settlement efforts around inflection points—after document exchange, upon expert appointment, or after a draft report—when leverage is clearest.
9) Plan for enforcement from day one
A judgment is only as good as its execution. Identify assets early: bank accounts, receivables, real property, equipment, or shares. Keep copies of contracts with the debtor’s customers (for garnishment possibilities). Understand the mechanics between DIFC judgments and onshore enforcement (and vice versa), and factor execution timelines into your strategy. If the counterparty is offshore, consider how awards or judgments will be recognized in that jurisdiction.
10) Budget transparently and manage stakeholders
Court fees, translations, expert costs, and legal fees add up. Build a phased budget aligned to milestones: filing, defense, expert stage, appeal, and enforcement. Internally, set expectations with decision-makers: share timelines, key risks, and settlement scenarios. Externally, adopt plain-language updates so non-lawyers track progress without decoding legal jargon.