original published http://www.business24-7.ae/
Most disputes involve payment defaults
Disputes involving payment defaults resulting from construction delays form the largest category of cases registered so far with Dubai’s new Property Court.
Seventy-one cases have been registered with the court, which began to deliver judgments earlier this month. All the cases so far have been filed by buyers but officials expect developers will start to launch legal actions too.
The number of cases before the court exceeds 500, as hundreds have been pas-sed to it by the Real Estate Regulatory Agency (Rera).”
The court started considering cases this month and has so far passed judgment on four cases,” Chief Judge Mohammed Yousuf Sulaiman, Deputy Director of Dubai Courts and Cassation Court’s Senior Judge, told Emirates Business.”
Two have gone in favour of the defendant and two against,” he added.Judge Abdul Qadir Moosa, Chief of the Court of First Instance (Properties Court), said: “We can only proceed with cases if the parties involved come to the court and register their contact details. Many people are aware their cases are pending but have yet to come to us. We will go ahead once they do.”The court is currently seeking the advice of real estate experts holding high positions in the government and members of the Ruler’s Court to assist the judges in the decision-making process while passing judgment on cases. The experts who are brought in will have to be approved by Dubai Courts and will have to swear that they will pass on any advice in an unbiased and fair manner.”
The time between the registration of a case and the judgment will on average be 52 days, say officials.
Chief Judge Sulaiman added: “The process is that after registration we notify the parties involved about the case and ask them to register their contact details with us. Then they have a consultation with our team members and we arrive at a decision.
The 52-day timeframe is a record compared with the length of time taken in courts abroad.
Dubai Courts arrive at decisions much more quickly than other courts in the region.”The time is needed because we have to follow the procedures set out by the law but once the decision is made then passing judgment does not take long.”The court has not so far recruited any extra judges but will do so depending on the number of cases that are registered.
Officials are also considering publishing a property guide that will include details of Dubai’s freehold regulations.
