Mansour bin Zayed approves the guide for performance orders in commercial materials
His Highness Sheikh Mansour bin Zayed Al Nahyan, Deputy Prime Minister, Minister of Presidential Affairs, and Head of the Judicial Department in Abu Dhabi, issued a decision approving the guideline for performance orders in commercial materials.
The decision aims to enhance the business environment in the Emirate of Abu Dhabi and to enhance the emirate's position as an attractive environment for foreign investments and capital, by activating the efficient and easy litigation systems and providing quick and effective dispute resolution mechanisms to ensure that investors can easily access justice and promptly fulfill their rights, and lead Consequently, to the speed of capital turnover and the regularity of economic and commercial activity in society.
The guide includes answering all questions and inquiries and stating all the rules and provisions regulating performance orders in a simple and easy way, so that it facilitates for the judges' aides and litigants to become familiar with these provisions in a way that guarantees the issuance of the performance order and the concerned parties claim their rights, without the slightest delay.
The use of this facilitated mechanism for requiring inalienable rights depends on the creditor's prior and necessary action before proceeding with the performance order, and this procedure is mandating the debtor to fulfill (judicial notice).
According to the law, the issuance of a payment order is required for the debt to be fixed in writing, whether it is electronic or documentary, for the debt to be the state of payment, and for all that is claimed as a debt of money of a certain amount or transferred in a specific type and amount.
Also, the guide includes a statement of the commercial papers and contracts that are suitable to be subject to the performance order.
The guide also included some sample performance orders.
And when the conditions for obtaining the performance order are met, the creditor can obtain his right within three days at most from the time of submitting the petition.
The order is issued in the absence of the opponent, does not require the presence of the parties, and does not require holding hearings or pleadings.
It also accepts the request for expedited enforcement.
On the occasion of the issuance of His Highness the Head of the Judicial Department to adopt the guidebook on performance orders in commercial matters, Counselor Yusef Saeed Al Abri, Undersecretary of the Judicial Department in Abu Dhabi, explained that the aim behind issuing this guide is to enhance the executive strength of commercial contracts and to enhance the governance, transparency and quality of judicial processes in The Commercial Court, by simplifying the roles of litigants and judges' assistants, leading to unifying visions among members of the judiciary and facilitating access to judicial services.
His Excellency also pointed out the importance of the time factor in deciding commercial issues, and its role in the speed of capital turnover and the flexibility of commercial transactions.
Emphasizing the role of the new guideline in raising the efficiency of the commercial judicial system and contributing to building a sustainable economy within a package of judicial dispute resolution tools, without harming the movement of commercial activity, and thus enhancing the competitive position of the Emirate of Abu Dhabi by establishing confidence in the judicial system and attracting foreign investments.
The Undersecretary of the Judicial Department added that the issuance of the guideline for performance orders in commercial matters is part of a general strategy pursued by the Judicial Department to enhance the financial and business environment in the Emirate of Abu Dhabi, as the Department had previously adopted many initiatives aimed at achieving this goal, we mention, for example, but not limited to The multi-lingual court initiative, the multi-lingual judicial judgment initiative, the specialized commercial judiciary initiative, the initiative to enhance legal awareness and transparency, the initiative to promote alternative solutions to settling disputes, the legal security initiative, and the promotion of clarity and consistency in the application of laws.
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