qIf an investor wants to file a case, who should they approach first? aIt is advisable to first seek consultation with a lawyer, who can advise whether filing a case makes sense ? this is an important step insofar as litigation is inherently expensive, unpredictable and time-consuming. What is the next step?
@Body-Answer2 :Depending on the governing forum in case of a dispute, a case will have to be filed directly either with the Dubai Courts or Dubai International Arbitration Centre. Until recently ... Dubai Courts required investors to first file all real estate related cases in the Dubai Land Department ... now Dubai Courts accept filing of real estate cases directly. If an investor loses in court, what happens next?
@Body-Answer2 :After the Court of First Instance, you can take the case to the Dubai Court of Appeal. If you lose at that level, you can then appeal to the Dubai Court of Cassation, which is the last round. Do court costs get more expensive if you are forced to appeal? @Body-Answer2 :Continuing with litigation after the Court of First Instance is a lot cheaper. At the Court of Appeals, it is often around Dh2,500 (US$680). At the Court of Cassation, it is around Dh750.
What is the Court of Cassation and how does it work? @Body-Answer2 :[The] Court of Cassation is the final and supreme court of Dubai ? after a decision from the Court of Appeals, a party has about 30 days to file an appeal to the Court of Cassation. agiuffrida@thenational.ae
