Digital justice and its impact on the functioning of procedural rivalry in UAE law

Abstract

Abstract

This research addresses digital justice and its impact on the functioning of procedural rivalry in accordance with UAE law "applied theoretical study." The research was divided into three chapters, Chapter I addresses what digital justice is and how it goes, Chapter II deals with the functioning of competing by digital means, and Chapter III is devoted to field applied study.

The aim of this research is to describe the legal aspects of Ministerial Decree No. 260 of 2019 concerning the procedural guide to regulate litigation using electronic means and telecommunication in civil proceedings. The theoretical and practical hypotheses of this research, by attempting to demonstrate the technical and legal aspects of the application of digitization to the conduct of civil litigation, have initiated the scope of application of the rules contained in the ministerial decision and the initiation of adversarial litigation, proceedings or restraint by the parties or judge, and how digitization is used in deliberation, sentencing, and timely and provisional orders. At the same time, work has been undertaken on the ground by identifying the effectiveness of the digital framework's application in judicial work and the impact on adversarial action.

The problem of study and its components:

The purpose of this study is to examine the adequacy of the procedural rules governing remote litigation in UAE legislation aiming to regulate the conduct of litigation, by introducing modern technological means into the litigation process and regulating remote litigation. At the same time preserving the rights and guarantees of litigants in the trial and how can digitization be an active element in improving and developing judicial litigation and the mechanism for hearing cases and achieving fair justice?

The following sub-questions derived from the study problem:

1-              What does digital justice mean?

2-              What are the disadvantages and advantages of remote litigation?

3-              What are the conditions for digital hearing?

4-              How are the proceedings and advertisements done in a digital framework?

5-              How are the parties and the judge present at the trial and how?

6-              What is the mechanism for the digital exchange of notes?

7-              How to issue judgments and orders through remote litigation?

8-              How are litigation guarantees maintained in digital means?

The importance of the study:

The importance of this study stems from two aspects, theoretical and practical:

-Theoretical significance: the theoretical significance of the topic of this study stems from the need to identify the legal aspects of remote litigation, As the UAE legislature regulates tele-litigation and the introduction of digitization in the work of the UAE courts, through the Civil Procedure Act 2022 and the issuance of the Guide to Remote Litigation in 2019, as the coronavirus pandemic has demonstrated the importance of digital application of litigation in the UAE courts. The parties or the judge could not be present in the courtroom.

-Practical importance: Digital application in everyday life is essential in all aspects of life. It facilitates business through smart means and technological means in order to speed up work and save time, effort and money. The introduction of electronic and digital means in the work of the courts and proceedings before the judiciary provides time, effort and money, relieves pressure on the judicial facility and makes it easier for dilapidated parties to pursue litigation without moving to the seat of the Tribunal. Since the United Arab Emirates courts applied remote litigation almost 3 years ago, it is necessary to examine the implications of this application by conducting a field study on the courts of Abu Dhabi to demonstrate the duration of the effectiveness of introducing digital justice in the conduct of judicial litigation and its adequacy for the proper functioning of judicial litigation.

Objectives of the study:

This study aims to:

1. Recognize digital justice remotely and its advantages and disadvantages.


2. Describe the mechanism of digital contestation and determine the method of digital judicial advertising.


3. Identify how meetings are held digitally and indicate how opponents are present and absent by digital means.


4. The judge's role in the digital application of the discount.


5. Identify the mechanism for deciding urgent and timely issues through digital means.


6. Indicate how judgments are issued and appealed in a digital way.

Study assumptions:

Theoretical study hypotheses:

1. The researcher believes that the proceedings are conducted by digital means that facilitate proceedings over litigants and the court.


2. Digital use may have an impact on the functioning of judicial litigation in terms of time and speed of dismissal.


3. Digital means can have an impact on litigants and judges in terms of the effectiveness of court proceedings.


4. We think digital means shorten the trial time.


5. There may be effectiveness to shorten advertising procedures and shorten litigation periods.


6. We believe that the legal regulation of digital litigation in the UAE achieves the desired effectiveness in reducing expenses, effort and mitigation of the judiciary.

1.1       Applied study hypotheses:

The applied study builds on a key hypothesis that aims to examine influences and relationships (nature, direction, strength) between digital justice and procedural adversarial.

Main hypothesis (H): A statistically significant effect is expected between digital justice and procedural adversarial at the level of (α=0.05) in the courts of Abu Dhabi. Digital litigation contributes to the proper functioning of litigation, according to statistical connotations.

The effects and relationships between digital justice and procedural adversaries are reflected in the following derived hypotheses:

• (H1): Digital justice is a function of (α=0.05).


• (H2): Digital justice is a function of judicial advertising at the level of (α=0.05).


• (H3): Digital justice is a function of evidence at the level of (α=0.05).


• (H4): Digital justice is a function of filing applications and defenses at the level of (α=0.05).


• (H5): Digital justice is a function for the presentation of pleadings at the level of (α=0.05).


• (H6): Digital justice is a function of sentencing and appeal at the level of (α=0.05).

1.2       Methodology of the Study:

Addressing the problem of this study, the researcher applied analytical descriptive approach on the one hand, and the applied approach on the other hand. It works on the analytical descriptive approach, by addressing the legal texts of digital justice in the Code of Civil Procedure and analyzing them, in the light of jurisprudence and the judiciary, to determine their effectiveness in achieving the desired objectives. The applied curriculum, in the field study covering a highly important aspect of the study, will be to see what judges and lawyers think of digital litigation and whether it achieves its desired objectives in the light of the new amended law.

1.3       Limitation of The Study:

Thematic Limitation: The study deals with digital justice in the UAE's civil procedure law, without addressing digital litigation in criminal matters.

Timeline: The study will be carried out for 2019 to 2023 in the UAE. The United Arab Emirates Legislator introduced a remote litigation law amending Law No. (10) of 2017 in accordance with the new Civil Procedure Law Decree No. 42 of 2022. The law was applied in federal courts for the first time in 2019.

Locator: Theoretical study Conducted in UAE law, applied study: in the courts of the Emirate of Abu Dhabi.