Questions & Answers
The legal way of serving a notice
Good morning
I have a bit of an academic question.
Does the UAE law allow for parties to agree on modes of service other than personal?
My reading of articles 8 and 9 of the Civil Procedure Code seems to set out a general rule of personal service, but article 9 allows for the parties to otherwise agree.
Is this correct?
Cheers
B. A. Thomas
I hope you are doing fine.
With reference to your question, please be advised that as a matter of principle there are two different stages of notification.
1) Notification before Court
2) Notification in Court.
For the first stage which is before court proceeding, the parties may agree on a suitable means of notification, however, immediately a case has been instituted in court and court proceedings has commenced, the Parties no longer have a right to determine the means of notification.
The sole discretion to determine the means of service lies with the Court, this may include; personal service, by an investigation, newspaper, emails, postal address...etc, and may also go through various processes.
Article 5 of the UAE Civil Procedures Law provides notification should be by the Court notification server and there are also some processes under the law for this.
However, in all cases, the law provides that notification should be by the Court notification server (or which you may call bailiff) except upon permission by the court.
Best regards,
Aws M. Younis
