Unified UAE Legislation Database

Federal Supreme Court - Civil Appeal No. 1353 of 2024 On International Jurisdiction in Money Transfer Disputes

Status

In force

Issuing Authority

Federal Supreme Court

Effective date

XX.XX.XXXX

Official Link

https://

Session on Wednesday, February 12, 2025

Headed by Justice Shihab Abdulrahman Al-Hammadi, "Head of the Department", with the membership of Judges Al-Hassan Bin Al-Arabi Faidi and Juma Ibrahim Mohammed Al-Otaibi

 

(1-2) Civil Procedure "Litigation before the Courts: International Jurisdiction of the Courts: Jurisdiction of the Local Courts to hear the case against the foreigner"

 

(1) The jurisdiction of local courts to hear the case against a foreigner who has no domicile in the State or a conditional place of residence. Article 20 of the Civil Procedure Law.

 

(2) The appealed decision failed to note that the claims in the case are for the return of money transferred from the State through exchange and not a claim in kind related to a property outside the State, and ruled that it lacks jurisdiction.

An error in the application of the law requiring reversal and referral.

 

Civil Appeal No. 1353 of 2024, session of February 12, 2025

1. Article 20 of the Civil Procedure Law stipulates that: “The Courts shall have the jurisdiction over the foreigner who has no place of residen...