Evidence in UAE Civil and Commercial Disputes: A Complete Guide

When individuals or companies face a civil or commercial dispute in the UAE, one of the first questions they ask is: “How do I prove my case in Dubai Court?” or “What is the burden of proof in UAE courts?” Understanding the rules of evidence under UAE law is vital for businesses, investors, and individuals.

Although the former Evidence Law (Federal Law No. 10 of 1992) was repealed in 2022, its principles remain the foundation of UAE civil litigation and commercial dispute resolution. Today, parties must also consider the new UAE Evidence Law 2022 (Federal Decree-Law No. 35/2022), which introduced modern reforms, especially around digital evidence.

The Burden of Proof in UAE Civil Cases

Under UAE evidence law, the plaintiff must prove their claim, while the defendant must rebut it. Facts must be legally relevant and connected to the dispute. A judge cannot rule on personal knowledge; only admissible evidence is accepted. For businesses engaged in commercial litigation in Dubai or Abu Dhabi, this means preparing contracts, corporate records, invoices, and correspondence before taking legal action.

Written Evidence: Traditional and Digital Proof

In UAE civil courts, written evidence is still the strongest form of proof:

• Official documents (notarised contracts, government records) are binding unless proven forged.
• Private documents (agreements, letters, merchant ledgers) are enforceable if uncontested.
• Electronic evidence now has the same enforceability as handwritten contracts.
• Under the new UAE Evidence Law 2022, digital contracts, blockchain records, and electronic signatures are explicitly recognised.

Challenging Forgery in Dubai and UAE Courts

Parties may challenge the authenticity of a contract or signature at any stage of litigation. The court may order forensic handwriting comparison, expert evaluation, or technical verification for digital evidence. If forgery is established, the document is void and referred to the Public Prosecution. If the claim is false, fines are imposed.

Witness Testimony and Oaths

• Witnesses are allowed to supplement written evidence, but generally only for disputes under AED 5,000 unless exceptions apply. Witnesses testify under oath, and refusal can trigger fines or even criminal proceedings.
• The UAE courts also use the decisive oath and suppletory oath — unique features of local litigation where a sworn statement may determine the case outcome.

Expert Witnesses in UAE Litigation

In complex disputes, courts appoint expert witnesses in fields like construction, real estate, banking, or insurance. Experts issue technical reports that courts often rely on heavily. Parties may object to experts on grounds of bias or lack of impartiality.

Comparing the Old and New Evidence Laws

The 1992 Evidence Law was the backbone of UAE litigation for three decades, but legal practice and commerce have evolved significantly. The new UAE Evidence Law 2022 introduced key changes:

1. Recognition of digital evidence – electronic contracts, emails, blockchain records, and even digital ledgers now carry probative force.
2. Remote hearings and testimony – courts can take witness statements, oaths, and even expert examinations via video conferencing, reducing delays.
3. Electronic filings – evidence can now be submitted through e-portals, aligning court procedure with Dubai’s and Abu Dhabi’s smart court initiatives.
4. Streamlined expert procedures – tighter deadlines and controls on experts to avoid delays in commercial cases.
5. Enhanced enforcement of foreign documents – cross-border recognition rules now simplify admitting evidence issued abroad.

These reforms modernise UAE litigation and ensure the courts remain aligned with international commercial standards.

Why This Matters for Clients

For anyone involved in a civil or commercial dispute in the UAE, these reforms mean:
1- Stronger reliance on digital and electronic records.
2- Faster resolution through electronic filings and remote hearings.
3- More predictability in international commercial disputes.

For businesses, especially those in construction, trade, finance, and real estate, the changes provide better tools to enforce contracts and defend claims.

Conclusion

Whether you are an investor, company, or individual dealing with a civil dispute in Dubai courts or commercial litigation in Abu Dhabi, understanding the burden of proof, admissibility of documents, forgery challenges, witness testimony, and the role of experts is crucial.

With the new UAE Evidence Law 2022, digital contracts, emails, and electronic signatures now play as strong a role as traditional paper contracts. This shift is a game-changer for companies and individuals in today’s digital economy.

Our firm advises clients on how to present evidence strategically and navigate these updated rules. If you are facing a dispute and require legal representation, you can reach out directly to discuss the most effective way forward.

Frequently Asked Questions on Evidence in UAE Civil and Commercial Cases

1. 1. Can WhatsApp messages be used as evidence in Dubai courts?
      Yes. WhatsApp messages, SMS, and emails can be admitted as electronic evidence in UAE courts, provided they are authenticated. The new UAE Evidence Law 2022 explicitly recognises electronic communications as valid proof, as long as their origin and integrity can be verified.

 

1. 1. What is the burden of proof in UAE courts?
      The plaintiff carries the burden of proof in civil and commercial disputes. This means the claimant must present documents, contracts, or testimony to establish their right. The defendant, in turn, must disprove the claim. UAE judges will not rely on personal knowledge; only legally admissible evidence counts.

 

1. 1. How do I challenge a forged document in UAE litigation?
      If you believe a document presented against you is forged, you may file a forgery challenge in Dubai or Abu Dhabi courts. The judge may order handwriting comparison, forensic analysis, or expert review. If the document is proven forged, it will be invalidated and referred to Public Prosecution. If your claim of forgery is false, fines may apply.

 

1. 1. Can witnesses testify in UAE civil cases?
      Yes, but with restrictions. Witness testimony in UAE courts is usually allowed for claims under AED 5,000. For higher-value disputes, written documents are required, unless exceptions apply. Witnesses must testify under oath, and refusal to appear can result in fines.

 

1. 1. What happens if I refuse to take an oath in a UAE civil case?
      If a decisive oath is directed at you and you refuse without valid reason, you risk losing the case entirely. The oath mechanism is unique to UAE law and plays a decisive role in many disputes.

 

1. 1. What is the role of an expert witness in Dubai court disputes?
      In technical disputes (such as construction, banking, real estate, and trade disputes), the court may appoint an expert witness to prepare a report. This report carries strong weight in the judge’s decision. Parties can comment on or challenge the report, but in practice, expert findings often guide the outcome of complex cases.