The Limitation period for Filing a Lawsuit in Court

Filing a lawsuit prior to the expiration of the time limit set by law (Filing a case prematurely)

MARCH 3, 2021

Filing a lawsuit prior to the expiration of the time limit set by law (Filing a case prematurely)

The claimant in one of the cases before the Dubai cassation court based their cassation on the grounds that the respondent filed the case prematurely, that is, before the 30-day period stipulated in article 69/1 of Law No. 9 of 2016, which states that legal action can only be taken after 30 days from the date of the debtor's notice of demand.

Since the legal notice of demand was served on July 19, 2021, and the case was electronically registered on August 16, 2021, the thirty-day period had expired.

The respondent argued that the legal notice period is calculated from the date the notice is communicated to the notified until the date the court fees and complete registration are lodged, rather than from the date of electronic registration.

The Supreme Court, on the other hand, established that any lawsuit will be deemed filed as of the date of electronic registration, and that date will be used to determine whether the appeal or contestation was filed on time or not. As a result, it is not calculated from the date of fee payment or the date of challenge revision.

                                                     (cassation no. 194 / 2020 commercial)

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