CASE PROCEEDINGS
Case proceedings commence when a Claimant files a Claim Form and supporting documents at the Registry. Parties are encouraged to file documents at the Registry via the AIFC Court’s eJustice system for maximum efficiency but Parties may also file documents via email or in person.
Claimants are required to officially serve the Claim Form and supporting documents on the Defendant(s). Upon being served, the Defendant is granted 28 days to provide a Defence or Response, unless the case is a small claim because the claim value is less than USD 150,000 in which case it will be considered by the AIFC Small Claims Court and the Defendant will have 14 days to provide a Defence or Response. The Claimant may thereafter file and serve a Reply. The case is then typically considered by a Judge for directions via a video case management conference or directions hearing during which the Judge may issue directions that usually address matters such as disclosure, witness arrangements, trial logistics, setting a trial date, preparing any further documents deemed necessary by the Judge, and trial bundles.
In person or video trials happen upon the completion of the above pre-trial proceedings unless the Judge decides it is unnecessary based on his or her assessment of the case and the Judge decides to give a decision on the papers without a trial.
Parties who seek an appeal of a decision of a Judge at the AIFC Court of First Instance must first apply to the AIFC Court for permission to appeal. Permission to appeal applications are considered by a single Judge who is not the Judge that gave the judgment at First Instance. When permission to appeal is granted, an appeal application may be made to the AIFC Court of Appeal and proceedings will be considered by a panel of three Judges who did not give the judgment at First Instance.
