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Federal Law Concerning Judicial Fees Before Federal Courts

The last update on this law was listed on 10 Jun 2024

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Issued Date

23 May 2016

Effective Date

01 Jul 2016

Official Gazette Date

31 May 2016

Official Gazette No

597

Legislation State

Active

Disclaimer: Every effort has been made to produce an accurate and complete English version of this website/ legislation. However, for the purpose of their interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail

Index

Index

Chapter One: Scope of Application

Chapter Two: Rules for Calculation of Action Value and Fees

Chapter Three: Criminal Action's Fees

Chapter Four: Fees of Civil Actions Emanating from Criminal Actions

Chapter Five: Multiple Motions

Chapter Six: Fee Collection Rules

Chapter Seven: Postponement of Fees and Exemption

Chapter Eight: Cases Where No Fee Imposed

Chapter Nine: Final Provisions

Chapter One: Scope of Application

Article (1)

This Law shall apply to all actions, appeals and motions filed before the federal courts, which are registered or filed following the effective date hereof.

Chapter Two: Rules for Calculation of Action Value and Fees

Article (2) Fee Calculation

1. The fee shall be calculated according to the Schedule of Court Fees before Federal Courts attached hereto.
2. Cabinet may amend the Schedule of Court Fees before Federal Courts attached hereto by way of addition, removal, amendment or complete replacement of the schedule, at a rate not exceeding (50%) of the original fee contained in the schedule attached to this law.
3. A separate fee shall be imposed on interlocutory applications and motions of the offensive intervenor.
4. No additional fee shall be imposed on motions of the intervenor by joinder. However, the intervenor by joinder shall be obligated to pay the action fee if not paid.
5. No fee shall be imposed on the impleader which the Court orders sua sponte.
 

Article (3) Fee Payment

1. Subject to the provisions of the criminal action's fees set out herein, no action or appeal shall be registered, and no motion shall be heard without full payment of the due fee, unless a law or resolution exempting from such fee, or a resolution postponing the fee totally or partially, is issued.
2. No new fees shall be collected if the Court of Appeal or the Court of Cassation refers the case back to the trial court.

Article (4) Elements Included in Fee Calculation

The calculation of fee shall include the profits, interests, damages, returns, expenses and other supplements of a known value, which are payable upon instituting an action.    

Article (5) Calculation of the Action Value

The value of an action shall be calculated depending to the demands of the litigants upon instituting the same. The final calculation shall be made in accordance with their closing arguments in the currency of the State. The fraction of a dirham shall be deemed a full dirham upon calculating the due fees and shall be collected on such basis. 

Article (6) Fees of Cross Actions

A separate fee shall be collected for the cross actions filed in the principal action in accordance with the same rules and the fee for the cross action for damages instituted by the defendant before the same court on the basis of the value thereof.

Article (7) Higher Fee to be Charged

The higher fee shall be imposed if the plaintiff amends the demands of unknown value; when the action is pending, to that of a known value.

Article (8) Security of Appeal

The appellant shall, in case of appeal in the cases provided for in Article (160) of the Civil Procedure Code, deposit a security of (AED 2,000) two thousand dirhams with the court's treasury. Such amount shall be confiscated if the appeal is dismissed and shall be refunded to the appellant if a judgment is entered in favor thereof. If there are many appellants in a single petition, then a single security shall be deposited, even if the grounds for appeal are different.

Article (9) Fees of Motion for Preemption

1.Fees for actions claiming the right of preemption to a property shall be calculated on the basis of the rate to be applied. 
2.If the rate mentioned in the contract or calculated by an expert is higher and the preemption applicant waives his motion before the judgment is entered or the preemption applicant objects to the rate, the fees shall be calculated on the basis of the rate to be applied. 
3.If the preemption applicant accepts the higher rate, the fees shall be calculated on the basis of such rate, regardless of the registration and the value of improvements required by the litigant or calculated by an expert shall be added to the rate. 
4.If the judgment is appealed and the property value is calculated at a rate higher than the rate calculated by the preemptor, the fees shall be imposed on the rate calculated by the appellant.         

Article (10) Actions in a Foreign Currency

If the claimed amount is in currency other than that of the State, the action value shall be calculated at an equivalent amount in the State's currency on the date of instituting the action.      

Article (11) Standardization of Fees

Fees imposed on actions, appeals and motions stipulated in this Law, whether submitted electronically or manually, shall be collected in the same categories defined herein. 

Article (12) Fee of Service Abroad

The applicant for serving a notice abroad shall bear all the expenses prescribed in the State where the notice is required to be served. 

Article (13) Calculation of Fee in Some Actions

Fees in the following actions shall be calculated as follows:
1. Ownership of a property or movable, the fees shall be calculated on the basis of the value of each one, which is stated by the applicant upon instituting the action, and any additional fees shall be collected if it is found that the value exceeds the calculated value.
2. Barter agreements, the fees shall be calculated on the basis of the higher value of the barters.
3. Validity, revocation or termination of agreements, the fees shall be calculated on the basis of the total value of the agreement or the value in dispute if identified by the plaintiff. If the action is related to the validity, revocation or termination of continuing agreements, the fees shall be calculated on the basis of the total cash consideration for the whole agreement term, and if the said agreement is executed partially, the action for its termination shall be calculated on the basis of the remaining term.
4. Lease-related disputes, the fees shall be calculated on the basis of the annual rent of the leased premises, subject to the following fee calculation mechanism:
       A. motion for the termination, evacuation or eviction of the leased premises, the fees shall be calculated depending on the rent of the term stated in the agreement, or the remaining term, as the case may be.
       B. Motion for the agreement renewal, the fees shall be calculated depending on the rent specified in the previous lease term.
       C. The action shall be deemed of unknown value in case of moving for the evacuation or eviction, without termination of the agreement.
5. Motion for proceeds, profits and interests, the fees shall be calculated on the basis of the claimed value until the day of instituting the action, and the fee due following the entry of the judgment shall be paid from the date of instituting the action until its issuance before being executed. Moreover, it shall be paid at the stage of execution of the judgment until full execution.
6. Mortgaging a property or movable, any accessory right-in rem attached thereto or debts, the fees shall be calculated on the basis of the value of the property or movable subject of the mortgage or the right; whichever is lower.
7. Allotment of common property and sale thereof in case it is impossible to divided the same, the fees shall be calculated on the basis of the share value.
8. Dissolution of a company and appointment of a liquidator, the fees shall be calculated on the basis of the company's capital value upon instituting the action.
9. Settlement of a claimed annuity, the fees shall be calculated on the basis of multiplying the same by twenty (20) if it is perpetual, or by ten (10) if it is for life. If the annuity is temporary, the fees shall be calculated on the basis of the annual pension multiplied by the years number thereof, provided that they are not more than ten.  
10. Execution of a foreign judgment, the fees shall be calculated on the basis of the value specified in the judgment.
 11. Redemption of attached items, the fees shall be calculated on the basis of the value of such items.

Chapter Three: Criminal Action's Fees

Article (14) Flat Fee

1. With the exception of actions of juveniles, a flat fee shall be imposed on criminal actions brought before courts in accordance with the Schedule attached to this Law.
2. Characterization of action as a felony or a misdemeanor shall be determined by the description which the court hearing the action eventually concludes. 

Article (15) Maturity Date of the Fee

Fees set forth in Article (14) hereof shall be payable when the court convicts the accused and obligates, under its judgment, the convict to pay the due fee. As for rehabilitation actions, their fees shall be payable in advance.

Article (16) No Plurality of Fees

Fee shall not be pluralized depending on multiplicity of charges or the accused.

Article (17) Fees in Case of Waiver

Fees imposed on objections, appeals or objections for cassation shall be payable even if the accused waives the same.

Article (18) Collection of Fees, Expenses and Fines

Fees, expenses and fines imposed on the accused shall be collected from the amounts deposited with the treasury as security for temporary release or as bails or from any other amounts belonging to the convict and deposited with the treasury, and the remaining amount shall be collected by the fee collector at the public prosecution or the court.

Chapter Four: Fees of Civil Actions Emanating from Criminal Actions

Article (19) Fees of Civil Actions Emanating from Criminal Actions

The provisions hereof shall apply to civil actions instituted before the criminal courts, subject to the following:
1. The Plaintiff shall be obligated to pay the due fee in accordance with the rules set forth in this Law.
2. No new fees shall be collected if the plaintiff is referred to the competent civil court, or a judgment dismissing the civil action before the criminal courts is entered.
3. If the objection, appeal or objection for cassation of the accused is limited to the judgment entered on civil action, the fees shall be collected in accordance with the provisions of the civil fees set forth in this Law.
 

Chapter Five: Multiple Motions

Article (20) Fee of Multiple Motions

1.If an action contains motions of a known value arising out of single legal ground, the fee shall be calculated according to the total value thereof. If they arise out of various legal grounds, the fee shall be calculated on a case-by-case basis.
2.If an action contains motions of known value and others of unknown value, the fee shall be calculated on a case-by-case basis.
3.If an action contains motions all of which are of unknown value, arising out of various legal grounds, the fee shall be calculated on a case-by-case basis and shall be collected for total motions.
4.If an action contains a principal motion and an alternative or ancillary motion, the higher fee shall be imposed. Additional motions shall be attached to the principal motion and the fee shall be calculated on the basis of total motions. 

Article (21) The Highest Fee in the Transaction

If a transaction contains a number of motions for each of which a certain fee is payable, the highest fee shall be calculated and it is the only to be payable. 

Chapter Six: Fee Collection Rules

Article (22) Collection of Fees

1.Fees shall be binding on the party obligated by the judgment to pay the action expenses and shall be settled on this basis. The appeal shall not prevent the collection of such fees.
2.A judgment creditor shall receive a writ of execution without being contingent on collecting the remaining fees payable from others. 
3.The action management office shall annotate the copy of the judgment, indicating the payable fees to be under consideration of the execution judge if he proceeds with execution of the judgment. Such annotation, after being signed by the chief justice or the judge, as the case may be, as an calculation of the fees, and shall be served with writ of execution.
4.If the litigant fails to apply for obtaining a writ of execution within ten days as of the entry date of the judgment. The action management office shall calculate the payable fees by an order to be issued by the chief justice or the judge, as the case may be, and the party obligated to pay the fees shall be served to pay the same in the State Treasury.

Article (23) Restoration of Security

A party in whose favor a final judgment is entered may get back the security deposited with the court for the payment of fees.

Article (24) Fee Difference

If it is found that the executable judgment has adjudicated to pay an amount more than the amount for which the court fees are paid, the writ of execution shall be delivered to the party in whose favor the judgment is entered and the fees, including the fee difference, shall be binding on the party obligated under the judgment to pay the fees and expenses. 

Article (25) Objection to Fees

Any interested party may object to the amount of fees. The objection shall be effective if declared before the process server upon serving the order of estimating the fees or by a report in the action management office within eight days following the service date, and the action management office shall set, in the same report, the day on which the objection will be heard. 

Article (26) Adjudication in the Objection and Appealing it

The Objection shall be filed with the court whose chief justice issues the calculation order or to the judge, as the case may be. The judgment shall be entered after hearing the statements of the action management office and the objector if he attends, and the judgment delivered on the objection to court fees shall be final if the value of adjudged fees in the objection is not more than (AED 1,000) one thousand dirhams. Such judgment may be appealed within fifteen days as of the service date; otherwise, the right to the objection for cassation shall be extinguished and the judgment delivered by the Court of Appeal shall be final. 
 

Article (27) Cases of Fees Refund


1. The full fees shall be refunded in the following cases:
    A. If a motion for interpreting or correcting a judgment or omission of a motion is granted; 
    B. If a motion for disqualification of a judge or a prosecuting attorney is granted or if a judgment is entered in favor of the plaintiff;
    C. If a motion for disqualification of an expert is granted;
    D. If a rule is entered to cancel the auction for a reason not attributable to the party who paid the fee.
    E. In case of stay of execution at the request of interested parties before proceeding with its procedures;
2. Half of the fee amount shall be refunded in the following cases:
    A. If the dispute is settled by conciliation before setting a date for adjudication on a plea or interlocutory or final judgment.
    B. If the plaintiff or petitioner waives the action before the close of pleadings or setting a date for adjudication on the action or objection for cassation.
3. Motions for refunding fees shall not be heard after the lapse of (60) sixty days from the date of the last procedure.
4. No new fees shall be collected if the appeal or objection for cassation adjudicated to remand the case to the court which entered the challenged judgment.
 
 

Chapter Seven: Postponement of Fees and Exemption

Article (28) Postponement by Chief Justice

1. The Chief Justice of the competent court or any judge authorized thereby, at his discretion, may postpone the payment of fee or part thereof upon motion by the interested parties, in accordance with the controls and conditions to be set by the Minister of Justice.
2. The interested parties shall submit a motion to the Chief Justice, indicating its grounds and containing the supporting documentation and evidence. The Chief Justice may conduct the necessary investigations by himself or by his authorized representative and hear the movant if necessary.
3. The motion shall be granted or denied within fifteen days from the date of submission.
 

Article (29) Exemption by Minister of Justice

The Minister of Justice may, in accordance with the rules laid down thereby, exempt from fees or part thereof if the insolvency of the obligated party is proved.

Article (30) Exemption by Operation of Law

The following shall be exempt from the civil court fees by operation of law:
1. Federal government and local agencies, associations, public utility institutions, and all those exempt from fees under a federal law, at all levels of the action and execution.
2. Motion for establishing family and charitable endowments, and motion for guardianship of children of unknown parentage and for establishing grants and charity certified by the Chief Justice.
3. Actions, appeals, motions and procedures relating thereto, filed by workers, supporting service workers and the like, or their heirs, petitioning their entitlements arising from labor relations, at all levels of the action and execution.
4. Actions instituted by persons with disabilities pursuant to the provisions of the Federal Law regarding the Rights of Persons with Disabilities, at all levels of the action and execution.
5. Orders, actions, appeals, motions and procedures relating to alimony  and motions for the conciliatory payment, dowry, housemaid wage and others if they are filed by the movant for alimony, at all levels of the action and execution.
6. Motions for death and inheritance declaration.
7. Motions and transactions relating to the following matters:
       A. Declaration for the purpose of requesting social or humanitarian aid or dependency.
       B. Declarations of pensions.
       C. Embracing Islam.
The exemption shall cover the fees of copies and certificates.
 8. Motion for the execution of judgments and renewal after nonsuit in personal status actions.
 

Article (31) Exemption by Court Order

1.The competent judge or the Chief Justice may exempt the testimony applicant on personal status actions from the testimony fee if their poverty is proved.
2.The Chief Justice may exempt the plaintiff from the fee of renewal after nonsuit if the Plaintiff submits an excuse accepted by the chief justice on the following day.

Article (32) Expiration of Postponement or Exemption Decision

Postponement or exemption decisions set forth in Articles (28) and (29) and Clause (1) of Article (31) shall expire if it is proved that the applicant is able to pay the fees during the hearing of the action and before the full execution of the judgment, provided that, the fees shall be collected, in all cases, from the first payments received for execution in favor of the party for which the fees are postponed or who is exempt from the fee.

Article (33) Exemption from the Security

Whoever is exempted from the court fees shall be exempt from the security. 

Chapter Eight: Cases Where No Fee Imposed

Article (34) Cases Where No Fee Imposed

No deposit fee shall be imposed on the following:
 1. Amounts deposited by the bankruptcy trustees on the account of bankruptcy or restructuring.
2. Amounts deposited by bidders as a part of the price of the property.
3. Amounts collected by the execution officer for the benefit of beneficiaries.
4. Amounts deposited by federal government and local agencies, public authorities or public institutions affiliated thereto for the interested parties.
 

Chapter Nine: Final Provisions

Article (35) Priority in Fees Collection

The State Treasury shall have the priority for collecting the fees imposed on all properties of civil individuals or those bound to pay the same. Such fees shall be collected by the execution department of the competent court.

Article (36) Exemption from Criminal Action Fees and Collection Priority

Matters relating to the exemption from fees and determination of the privilege concerning fees of criminal actions shall be subject to the provisions governing such matters set out in this Law.

Article (37) Devolution of Fees

All fees prescribed in accordance with the provisions hereof shall devolve to the State Treasury and it shall be delivered to the Ministry of Finance.

Article (38) Fees Determined by the Cabinet

The Cabinet shall issue a resolution determining the electronic service fees and fees of serving notices provided by private companies and institutions.

Article (39) Electronic Payment

Fees prescribed in accordance with the provisions hereof may be electronically paid, in accordance with the rules to be issued by the Minister of Finance.

Article (40) Repeal and Transitional Provision

1.Federal Law No. (32) of 2005 and Federal Law No. (8) of 1978 referred to above as well as any other provision inconsistent or discrepant with the provisions hereof are hereby repealed.
2.The regulations and resolutions applicable on the issuance date hereof shall remain in force, to the extent the same does not contradict with the provisions hereof, until the regulations and resolutions in implementation hereof are issued.

Article (41) Publishing and Entry into Force

This Law shall be published in the Official Gazette, and shall come into full force and effect one month following the publishing thereof.

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