Dubai: A civil court on Tuesday scrapped the decision of the director-general of Dubai Courts Department (DCD) banning non-Emirati lawyers from representing clients at the Dubai Courts of Appeal and Cassation.
The Dubai Civil Court cancelled Dr Ahmad Bin Hazeem's administrative decisions number 242/2008 and 316/2008 issued in October 2008.
According to the decisions, non-Emirati lawyers were banned [effective January 1, 2009] from representing defendants or plaintiffs before the stages of appeal and cassation and from appearing before the Court of First Instance as of March 31, 2012.
Egyptian lawyer Hamdi Al Sheewi lodged a civil lawsuit against the Dubai Legal Department, DCD's legal representative, asking the Civil Court to cancel Bin Hazeem's decisions.
"The Court has revoked decisions number 242/2008 and 316/2008 concerning the pleadings of non-Emirati lawyers before Dubai Courts and all subsequent effects… the defendants [Dubai Legal Department] will have [to] pay court fees," said Presiding Judge Ziad Mustafa Bashir when he pronounced the judgment. The judgment is still subject to appeal before the Appeals Court within 30 days. The decisions become ‘irrevocably cancelled' upon a final ruling from Dubai's highest court, the Cassation Court.
In his lawsuit, Al Sheewi pleaded to the court to revoke what he described as an "illegitimate decision".
"The director-general issued an administrative decision No 242, of 2008, banning expatriate lawyers from representing defendants or plaintiffs before the Courts of Appeal and Cassation as of January 1, 2009. The same decision said non-Emirati lawyers will be allowed to continue representing their clients before the First Instances' Courts until March 31, 2012. This decision is unlawful because it cancels Law No 5, of 1996 [issued in Dubai concerning the regulation of practising law in the emirate] that allowed Arab lawyers, who carry Dubai-permits to practice law before DCD for an unlimited period.
The decision (No 242/2008) also cancels the ruler's decree [issued on February 2, 2000] which allowed Dubai-based Arab lawyers to obtain a licence from the Economic Department without having an Emirati partner. It is unacceptable for an administrative decision to cancel a ruler's decree or law, and eventually, an administrative decision cannot do so. Only a ruler can do so," argued Al Sheewi in his lawsuit.
Countering Al Sheewi's pleading, the Dubai Legal Department argued that the decision was issued as a circular and not a decision. The Civil Court was asked to dismiss Al Sheewi's lawsuit. Al Sheewi argued that the decision was based on Federal Law No 23, of 1991 regarding the regulation of the lawyer's profession.
"However, the Federal Law No 23 of 1991 cannot be applied on Dubai-permitted Arab lawyers. The ruler intended that lawyer's profession in Dubai be regulated independently," added Al Sheewi.
Breakdown: 30 non-emirati lawyers
There are more than 320 Emirati lawyers practising law before Dubai Courts. As for non-Emirati lawyers [who are mostly Arabs], there are some 20 to 30 lawyers who are still permitted to represent clients before Courts of First Instance [in civil and criminal courts] until March 2012.
Upon Dr Ahmad Bin Hazeem's decision, the expatriate lawyers stopped appearing before Courts of Appeal and Cassation since the start of last year.
