Procedural Rules for Smart Trials in the UAE: Aspirations and Reality

Background: This study analyses the procedural rules governing smart trials (digital litigation) in the UAE, with a particular focus on their current implementation and potential future development. It explores the legal and technical underpinnings of digital litigation and evaluates the compatibility of the UAE’s framework with the goals of procedural efficiency and access to justice. Methods: Structured into two chapters, this study first examines the conceptual foundations of smart trials and their modes of initiation, before turning to an analysis of litigation processes conducted via digital means. It employs a descriptive-analytical methodology to evaluate the technical feasibility and legal validity of these practices. It specifically focuses on Ministerial Decision No. 260 of 2019, assessing its framework for remote civil litigation and the extent to which it integrates electronic communication and procedural digitisation. Results and Conclusions: The study evaluates the scope and effectiveness of the ministerial decision in regulating digital litigation, including lawsuit registration, procedural steps, judicial deliberations, issuance of judgments, and temporary orders. It identifies several gaps in the UAE’s digital litigation system, particularly the lack of a comprehensive legislative framework and uniform digital procedures. The research concludes by recommending the enactment of dedicated legislation to standardise and regulate digital judicial proceedings. These recommendations include creating a secure digital system for litigation, clarifying procedural rules for third-party intervention, expanding digital appeal provisions, and defining the competent authority for system-wide implementation in exceptional circumstances.