Samir Zakarna
Director of Operations at Zayed Al Shamsi Advocates and Legal Consultants.

The Execution Court is the competent authority to enforce executive instruments, as clarified in Article (212) of the Federal Civil Procedure Law, such as judgments, orders, notarized documents in accordance with the law, and others. The legislator has granted the Execution Judge the authority to issue various decisions in the execution file to ensure the effective implementation of the executive instrument.

However, the decisions issued by the Execution Judge are not final in all cases. The legislator has provided methods for reviewing and appealing these decisions. Article 209 of the Civil Procedure Law specifies the decisions that can be grieved and those that can be appealed. It also clarifies the rules regarding grievance and appeal, as well as the deadlines and procedures that must be followed.

Therefore, it is necessary to highlight the cases in which a grievance can be filed against the decisions of the Execution Judge, which are the following decisions:

• A) The decision to arrange priority between the beneficiaries or whether to include them in the distribution list.
• B) The decision to postpone the execution of the judgment for any reason.
• C) The decision to grant the debtor an extension to pay or to allow for the payment in installments of the amount to be executed.
• D) The decision to accept or reject the guarantee.
• E) The decision to prohibit travel or the refusal to issue such an order. F) The decision of arrest and bringing before the court or the refusal to issue such an order.

The legislator has clarified that the grievance is submitted to the President of the Execution Court or his delegate, other than the judge who issued the decision, within seven working days from the day following the date of issuance for the person to whom the decision was issued in his presence, or from the date of notification for the person to whom the decision was issued in his absence. This is done through a request deposited in the same execution file. The judge hearing the grievance may cancel or amend the decision as he deems appropriate, without the need to summon the parties, unless he finds it necessary. The decision issued on the grievance is final and non-appealable.

Therefore, if someone is subject to one of the above-mentioned decisions in an ongoing execution case against them, it is advisable not to accept or be resigned to this decision if they believe it is legally misplaced or unfair. Instead, they should follow the legal path to challenge it, namely by filing a grievance, so that they can ensure the decision is legally sound and have the opportunity to have it annulled if there is a valid reason for its annulment.