Evidence before the UAE courts: what counts

In any proceeding, evidence is the foundation of the court's decision. Knowing what the court will accept, and preparing it early, shapes the strength of a case.

The current law

Federal Decree-Law No. 35 of 2022 on the Law of Evidence in Civil and Commercial Transactions came into force on 2 January 2023, replacing Federal Law No. 10 of 1992. It modernised the rules, including a full framework for electronic evidence (Arts 53–64).

Forms of evidence

• Written evidence: official documents, private (customary) documents, and electronic records and correspondence that meet the law's requirements (Arts 29 and 53–59).
• Witness testimony, within the limits the law sets.
• Presumptions, both legal and judicial.
• Admission by a party.
• The oath, in the circumstances the law provides.
• Inspection by the court, and expert evidence where specialist knowledge is required.

Written proof for larger transactions

Article 66 of the Law of Evidence requires transactions over AED 50,000, or of indefinite value, to be proved in writing, unless an agreement or another provision says otherwise. Commercial obligations, whatever their value, may be proved by any means unless the law or the parties' agreement provides otherwise (Commercial Transactions Law, Art. 91).

The court's assessment

The weight of evidence is a matter for the court. Electronic records, for example, are assessed on their authenticity, integrity and context. Preparing evidence early, and keeping it complete, is one of the most practical steps a client can take.

This article is a general overview of the law in force at the date of writing. General information only, not legal advice.