Incidental Claims under UAE Law Issued by Decree No. (42) of 2020

Mohamed Al-Raai
Legal Researcher at Zayed Al Shamsi Advocates and Legal Consultants.

The UAE Civil Procedure Law, issued by Decree No. (42) of 2022, regulates the procedural framework of legal proceedings. This law is structured into sequential sections that address the various stages of litigation. The first section covers the jurisdictions of courts of various types: international, subject-matter, and territorial jurisdiction. The second section sets out the procedures for filing a lawsuit, registering it, and determining its value. The third section addresses the presence or absence of parties and representation in litigation. The fourth section deals with the Public Prosecution’s intervention in lawsuits in cases specified by law. The fifth section covers the organization of court sessions in terms of procedures and rules to be followed, divided into two chapters.

The legislator dedicated the sixth section to address important procedural matters, namely: defenses, joinder and intervention, and incidental claims, which are specifically regulated in the third chapter of this section, recognizing their significance.

Incidental claims are defined as claims submitted by either the plaintiff or the defendant to the court, either through the regular procedures for filing a lawsuit or verbally during the hearing in the presence of the other party, and they must be connected to or derived from the original claim.

Article 100 of the aforementioned law stipulates that the plaintiff may submit incidental claims that involve correcting the original claim or amending its subject in response to circumstances that arose or became clear after the filing of the lawsuit. For instance, if a plaintiff files a claim for rescission of a contract due to delay by the defendant in execution, and it later becomes evident that the contract was executed in violation of agreed specifications, the plaintiff may submit an incidental claim amending the basis for rescission from delay to non-compliance with specifications. An incidental claim may also supplement the original claim or result from it, or be inseparably connected to it, such as when a plaintiff seeks rescission of a real estate sale contract for non-payment of the price, and then submits an incidental claim requiring the defendant to return and hand over the property, as the return is a consequence of rescission. The plaintiff may also submit an incidental claim that involves adding or changing the legal basis of the claim while maintaining the same subject matter—for example, relying on a new legal reason without altering the original demand—or request a provisional measure, such as a precautionary attachment of the defendant’s assets to secure the plaintiff’s rights if the court rules in their favor. The court may also allow submission of other related incidental claims.

According to Article 101 of the same law, the defendant may also submit incidental claims during the course of the lawsuit, including a claim for judicial set-off, a claim for compensation for damages caused by the original lawsuit or any of its procedures, or any claim that, if granted, would result in denying the plaintiff’s claims in whole or in part or granting them subject to a condition in the defendant’s favor. Additionally, the defendant may submit any claim that is inseparably connected to the original lawsuit, or other related claims as permitted by the court.

As for the effects of incidental claims before the court and the extent to which the court is bound by them, the court may rule inadmissible any incidental claims. As stipulated in Article 76 of the Civil Procedure Law, the court may allow parties during the course of the proceedings to submit new documents, defenses, or evidence, or to amend their claims or present incidental claims that they were unable to submit to the Case Management Office. However, the court may rule them inadmissible if it finds that the party could have submitted them to the Case Management Office.

It is thus clear that the UAE legislator has provided a clear legal framework for incidental claims within the Civil Procedure Law issued by Decree No. (42) of 2022, ensuring a balance between the parties’ interests in amending their claims during the course of the original lawsuit. Understanding and correctly using incidental claims enhances the effectiveness of judicial procedures and contributes to achieving prompt justice without infringing on the rights of any party to the lawsuit.