Questions & Answers
Filing a case in the UAE for contractual rights abroad
I am a resident in the UAE & have rental properties back in the Philippines. One of my tenants is also a UAE resident.
We have an existing agreement that is notarized in the Philippines. I have been patient & diplomatic with her but she keeps giving empty promises.
Now, she owes me 4 months of rent. I need your advice on what I can do in this case.
Can I file a case against her in the UAE?
Thank you so much in advance.
Regards,
H.
Dear H.,
To file a case in the UAE, you must have one of the four main reasons stipulated in the law.
Section 3 of the UAE Civil Procedure Law defines the jurisdiction of the local UAE courts.
The main provision for commercial disputes is Article 31(3) which sets out four circumstances in which a court may have jurisdiction:
"In commercial matters, the jurisdiction shall be vested in:
1. the court in whose area the defendant has his domicile or
2. the court in whose area the agreement was made or
3. was performed in whole or in part or
4. in the court in whose area the contract should have been performed.’
This means that for commercial matters it may be the case that the claimant will have a choice as to which court to bring a claim.
If the defendant is domiciled in the UAE but the agreement was made in the Philippines, the claimant may bring the claim either in the Philippines or UAE.
Applying the above to your case means that you have a good chance to file a case against your tenant who is a UAE resident.
If you wish to proceed to study your case and provide you with an opinion or assist you further to file the case, please contact me through email.
Regards,
Ahmed Elnaggar
ELNAGGAR LEGAL ADVISORS LIMITED
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