Electronic evidence in the UAE Courts
Type
E-journal
Date
3 May 2016
Jurisdiction
United Arab Emirates
Taxonomy
Civil Evidence
Copyright
LexisNexis
Relevant company
Al Tamimi & Company
Analysis
Introduction: In a recent case before the Dubai Court of Cassation, the Court held that pursuant to Federal Law no. 1 of 2006 which relates to Electronic Transactions, Ecommerce and Electronic Communications, electronic transactions such as emails are bestowed probative force provided that they can be traced to the sender's sent items and provided that the email in question refers to the fact that it may be used relied on as evidence.
This case which supports previous Court of Cassation rulings serves as an important reminder that parties need to be wary of the contents of email correspondence which can in itself provide evidence of binding agreements between parties. The fact that parties have not physically signed an agreement is not necessarily relevant as emails can be used as conclusive evidence to support what was agreed between parties.
Facts of the Case:
The Claimant in the case was a company specializing in providing marketing and public relations services. The Respondent Company was a real-estate developer.