United Arab Emirates Flag

The United Arab Emirates is a federal monarchy comprised of seven emirates – Abu Dhabi, Dubai, Sharjah, Ajman, Umm Al Quwain, Ras Al Khaimah, and Fujairah. Located along the coast of the Arabian Peninsula, the region was historically an important stop for ancient trade routes. Rich oil reserves have made the Emirates a modern international hub for business and finance. Before becoming a nation in 1971, the territory was home to different Islamic empires and ruled by Arab clans. Lured in part by the abundance of pearl oysters, European traders arrived in the region in the late 15th century, including the British, Dutch, and Portuguese. After years of intermittent conflict over trade routes, the region’s local tribes (the Trucial States) agreed to a treaty in 1853 that exchanged free passage to British ships in exchange for maritime security. This arrangement lasted until the British left the Gulf in 1968.

In 1971, six of the region’s sheikdoms agreed to form the constitutional federation of the United Arab Emirates; the emirate of Ras Al Khaimah joined in 1972. The UAE federal government has jurisdiction over matters such as foreign affairs and defense. Each Emirate has an independent governance structure including an executive and legislature. All matters not reserved for the federal government by the constitution are the domain of the individual Emirati governments. Abu Dhabi, the largest of the seven Emirates, is the capital of the UAE. Dubai is the nation’s commercial center.

 

Legal System

The UAE's modern legal system draws from its complex historical evolution, where customary tribal norms, Islamic jurisprudence, and British-influenced treaties laid the foundation for a hybrid system combining civil law traditions and Shariah principles. The UAE legal system also has features from the Roman and French systems as well as the Egyptian civil code. The Shariah courts review matters related to personal status such as family law, divorce, and inheritance. Sharia law applies to Muslims in the country but not to non-Muslims. The Civil Transactions Law of 1985 and the Personal Status Law of 2024 reflect the UAE’s hybrid legal approach that combines codified civil norms with Shariah-based personal law provisions.

Judiciary

The UAE has a federal court system and Emirati (local) court systems. When the national government was formed, individual emirates were given the option of establishing their own judiciaries or relying exclusively on the federal system. Three of the emirates, Abu Dhabi, Dubai, and Ras Al Khaimah, created independent local court systems when the federation was formed. The emirate of Sharjah established an independent court system in the fall of 2024. The UAE constitution grants the local court systems jurisdiction over matters not assigned to the federal judiciary. The (federal) Supreme Court oversees the federal judiciary; the judicial councils in Abu Dhabi, Dubai, Ras Al Khaimah, and Sharjah have responsibility for administering their local court systems.

The federal and local courts both have three tiers: first instance, appeals, and an apex court. Judgments from a local appellate court can be appealed to either the federal or local apex court. Local courts in Abu Dhabi, Dubai, Sharjah and Ras Al Khaimah are not bound by rulings of the Federal Supreme Court and apply their own procedural laws. Their Courts of Cassation serve as the final appellate authorities, providing localized judicial autonomy within a federal structure.

Federal Courts

Supreme Court

The Supreme Court hears appeals and has exclusive jurisdiction over disputes between individual emirates, jurisdictional disputes between federal and local judicial authorities, federal crimes, national security issues, objections to international agreements, questions of constitutional interpretation, and challenges to the constitutionality of legislation.

The Chief Justice and the four associate justices are appointed by the President of the UAE and approved by the Federal Supreme Council. Justices serve until the mandatory retirement age of 65. If a justice reaches 65 years of age during the judicial year, they may continue to serve until the end of that term. Upon recommendation of the Federal Supreme Council, the President may issue a decree extending the tenure of a judge beyond the mandatory retirement age.

Federal Supreme Court justices must be UAE citizens, at least forty years old, have a degree in law or Shariah law, and five years of experience as an appellate court judge. Judges with one year of prosecutorial experience and four years on an appellate court are also eligible for appointment. Foreign judges who are not UAE citizens may be seconded to the Federal Supreme Court on a case-by-case basis.

Courts of Appeal

The Courts of Appeal have seven chambers: civil, commercial, criminal, personal status (Shariah law), administrative, and specialized matters. Cases are heard in panels of three judges. In 2023, the Dubai judiciary added an eighth chamber to review inheritance cases.

There is a federal Court of Appeal in each Emirate’s capital city. The criminal chamber of the Abu Dhabi Court of Appeal has exclusive jurisdiction over cases involving crimes involving national security and forgery of official government seals.

Courts of First Instance

The Courts of First Instance have the same subject matter chambers as the Courts of Appeal. Cases are heard either by a single judge or a panel of three. In criminal cases, three judges hear major criminal cases (those involving the death penalty or life imprisonment) while a single judge presides over all other criminal prosecutions. For civil matters, commercial cases, and labor disputes involving more than 500,000 dirham, a three-judge panel hears the case; lower value claims are heard by a single judge. Matters heard by the Shariah chambers of the first instance courts also are adjudicated by either a single judge or a panel of three, depending on the nature of the dispute.

Judicial Selection

Candidates for the federal judiciary must be UAE citizens, hold a degree in law (for the civil courts) or Shariah law (for the Shariah courts), have no criminal or disciplinary record, and pass an exam. First instance judges must be at least 28 years old; Appellate Court judges must be at least 35. The appointment process is overseen by the Federal Judicial Council.

The mandatory retirement age for lower court judges is 65. The Federal Judicial Council has the authority to reject a judge’s request to retire and extend their service for an additional year if doing so is deemed “in the interest of the Judiciary.”

Federal Judicial Council

The Federal Judicial Council is the policy making and administrative authority for the federal courts and public prosecution, including financial and budget matters. The Council oversees the appointment, transfer, and promotion of federal judges and promulgates the judicial code of conduct.

Judges are eligible for promotion based upon the Council’s review of assessment reports prepared by the Judicial Inspection Circuit. Those seeking a promotion must also successfully complete designated training courses. The Council may transfer judges to the Public Prosecution Service or send them for secondment to a government agency or public institution. Judicial secondment is limited to four years.

The Council has six members: the Minister of Justice (who serves as Chair), the President of the Supreme Court, the most senior President of a Court of Appeals, the most senior President of a First Instance Court, the Attorney General, and the Head of the Judicial Inspection Circuit.

Judicial Inspection Circuit

The Judicial Inspection Circuit (JIC) is responsible for judicial performance evaluation, recommending the appointment of court presidents, and reviewing complaints lodged against judges. The JIC reviews judges for professional competence and issues an assessment of their performance. To be considered for promotion, judges must earn a grade of Very Good. Judges may contest their JIC assessment by filing an objection with the Judicial Council (which has authority over the JIC).

Local Courts

The Emirates of Abu Dhabi, Dubai, Ras Al Khaimah, and Sharjah have independent judicial systems. Each local court system has its own administrative department and a three-tier judiciary with Courts of First Instance, a Court of Appeals, and a Court of Cassation. The Emirates of Abu Dhabi and Dubai also have independent “financial free zones,” see below.

Common Law Financial Freezone

The Dubai International Financial Center (DIFC) was created in 2004 to encourage investment and diversify the local economy. Abu Dhabi established a similar financial court system in 2016 with the creation of the Abu Dhabi Global Market (ADGM).

DIFC Courts

The DIFC Courts adjudicate a legislatively determined subset of civil and commercial cases in the Emirate of Dubai – those involving sophisticated domestic and international financial transactions, debt collection, and employment disputes. The dispute must have a connection to the DIFC or be related to a DIFC entity; the parties must consent to adjudication in a DIFC court. There is a DIFC Court of First Instance and Court of Appeal. The Court of First Instance has four divisions (Civil and Commercial, Technology and Construction, Arbitration, and Digital Economy). Cases are heard by a single judge. The Court of Appeals hears cases in three-judge panels. In addition to reviewing appeals, the Court of Appeals can, at the request of a DIFC body, issue an interpretation of DIFC laws. There is no third level of appeal.

Court proceedings are in English and apply common law procedures. The DIFC Courts adjudicate cases using the law selected by the parties; if no choice of law is made by the parties, the court will select applicable law. DIFC judges may be Emirati or from foreign, common law jurisdictions including Australia, England, and Singapore.

The DIFC also has a Small Claims Tribunal that adjudicates more minor employment-related disputes and civil cases that do not exceed a statutorily designated value.

ADGM Courts

The ADGM Courts have jurisdiction over cases involving the ADGM or its authorities, disputes related to a contract or transaction that took place in the ADGM, and challenges to ADGM authority decisions. There are two tiers: a Court of First Instance and Court of Appeals. Unlike the DIFC Courts, the ADGM Courts apply English law. First instance proceedings are heard by a single judge and appeals are heard by a panel of three judges.

Judges on the courts are drawn from the Emirati bar and foreign, common-law judiciaries.

Judicial Education

The UAE has three organizations that deliver professional development for judges and prosecutors: the Ministry of Justice Judicial Training Institute, the Abu Dhabi Judicial Academy, and the Dubai Judicial Institute. The Ministry of Justice Judicial Training Institute (JTI) is located in Abu Dhabi and has a branch in Sharjah. It prepares graduates from Shariah and Law colleges for jobs in the legal profession, including the judiciary and Public Prosecution. The JTI also offers ongoing professional development for judges and prosecutors and training for judicial assistants and notaries. Image of the Dubai Judicial Institute The Abu Dhabi Judicial Academy offers professional development for members of the judiciary, government lawyers, judicial assistants, and attorneys. It operates out of the Abu Dhabi Judicial Department.

The Dubai Judicial Institute (DJI) offers education and ongoing training for judges, prosecutors, the police, and government employees. DJI also engages in ongoing exchanges with other countries and international organizations. DJI also has a publishing house that produces law books, publications, and reference materials. The Institute also publishes a peer-reviewed legal journal. DJI is the first judicial training institute in the world to establish a branch in the Metaverse. This virtual environment has been utilized to enhance legal education through simulated court trials and immersive virtual crime scene investigations.