The UAE has adopted large-scale initiatives to embed advanced technologies in public services, regulation, and technology-enabled dispute resolution. This evolution in the area of conflict resolution is based on a strong legislative basis that addresses the validity of electronic transactions, the admissibility of digital evidence, and the updating of civil procedures. The overall objective is to make the justice system more efficient, transparent, and accessible, while maintaining the fundamental principles of fairness and human oversight.
The main law regulating the legality of electronic transactions in the UAE is Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services. It is relevant to technology-enabled dispute resolution because it gives legal recognition to electronic documents, electronic signatures, electronic seals, automated electronic systems, and trust services, which may form part of digital transactions and electronic evidence in modern disputes.
“Automated Electronic Medium” means an electronic information system that is fully or partially automated and does not require the intervention of any natural person at the time of operation or response, as defined in Article (1) of Federal Decree-Law No. (46) of 2021. This may include automated transactional systems and smart contracts. Article 11 acknowledges that contracts may be formed through prearranged and programmed automated electronic systems. These contracts shall be valid and enforceable even if no physical person shall be personally or directly involved in concluding the contract. Also, a contract may be made between an automated electronic system and a person where that person knows, or is expected to know, that the system will conclude or perform the contract automatically.
The law also recognizes different levels of electronic signatures and electronic stamps. Article 19 sets out the requirements for a qualified electronic signature or stamp, including that it must identify the signatory, be linked to the signed data, and show if the data has later been changed. Article 20 further recognizes approved electronic signatures and stamps, provided they are supported by an approved authentication certificate and verified through an Approved Trust Service Provider.
Federal Decree-Law No. (35) of 2022 on Evidence in Civil and Commercial Transactions has explicitly authorized the use of electronic and digital evidence. Article 53 (1) Electronic evidence shall mean evidence obtained from data or information generated, stored, extracted, copied, sent, communicated, or received through information technology and capable of being rendered in a perceivable form. Examples include electronic records, electronic documents, electronic signatures, electronic seals, electronic correspondence, modern means of communication, electronic media, and other forms of electronic evidence as per Article 54. Article 55 also reiterates that electronic evidence has the same legal effect as written evidence under the Law, if the relevant legal requirements are met.
Where the evidence is provided in electronic or digital form, the general burden of proof continues to apply. According to Article 1 of the Evidence Law, the burden of proof is on the plaintiff to prove the right claimed and on the defendant to disprove it. Article 2 also repeats the burden of proof on the plaintiff. The facts relied upon must be relevant, material, and admissible. The judge cannot decide the case on the basis of personal knowledge. Article 10 also recognizes electronic evidence procedures, providing that all electronic evidence procedures shall be binding under the Law.
The value of digital evidence in practice may depend on its reliability, integrity and traceability. Considerations include when the record was created, its source, whether it has been altered and whether it can be produced in a clear and verifiable form. Secure electronic archiving systems, including technologies such as blockchain, may help preserve audit trails, but the evidence still needs to meet the applicable legal requirements for the court.
The practical application of digital court procedures in the UAE is supported by Federal Decree-Law No. 42 of 2022 on the Civil Procedure Law. This legislation, which came into effect in early 2023, authorizes the use of remote communication technology in civil procedures and modernizes the service of process.
In accordance with Article 6 of the Civil Procedure Law, notices may be delivered by a process server or in the manner prescribed by law, upon request of a party or by order of the competent court or case management office. The court, case management office or supervising judge may also empower the plaintiff or the plaintiff’s agent to serve notice by the means referred to in Article 9(1). Article 6 also provides for notices to be served through licensed private companies or offices as per the relevant regulations. This is a testament to the relative flexibility of the methods of service available under UAE civil procedure, as long as the notice is served through legally recognized means and can be properly evidenced.
Article 5 of the Civil Procedure Law confirms that the language before UAE courts is Arabic. It also allows the competent federal or local judicial authority to decide that English can be used in some specialized circuits, in particular, lawsuits or categories of cases. Where permitted, English may be used for the trial, proceedings, judgments, decisions, hearings, pleadings, memoranda, applications, and documents. This may be of particular relevance in specialized commercial or technical disputes, subject to conditions imposed by the relevant judicial authority.
The Dubai International Financial Center (DIFC) has taken a leading role in creating a specialized environment for technology disputes. The DIFC Courts launched the Digital Economy Court (DEC) Division to address sophisticated transnational disputes related to technologies such as big data, blockchain, fintech, and cloud services.
The DEC is governed by Part 58 of the DIFC Courts Rules. Rule 58.12 allows the Court to operate an electronic dynamic system for DEC claims, through which parties may provide information using smart forms or decision-tree software. Separately, Rule 58.11 gives the Court power to order a party to operate, modify, sign, or cancel a digital asset using any digital signature, cryptographic key, password, or other digital access or control mechanism available to that party.
UAE has also been at the forefront of digital dispute resolution through the enactment of laws on mediation and arbitration. Federal Decree-Law No. 40 of 2023 provides that mediation agreements can be concluded in writing or electronically. The arbitration proceedings shall be carried out physically or remotely by modern technological means, in accordance with Federal Law No. 6 of 2018, as amended by Federal Decree-Law No. 15 of 2023. Mediation settlement agreements and arbitral awards are enforceable under UAE law upon ratification or confirmation by the competent court.
The UAE’s path to technology-enabled dispute resolution is changing with the electronic transactions law, rules of evidence, digital court procedures, special mechanisms within the DIFC, and modern dispute resolution procedures. The existing framework offers important building blocks for the use of digital tools, electronic evidence, virtual hearings, and responsible use of technology. As digital adoption accelerates, courts, regulators, and practitioners need to find a balance between innovation and accuracy, transparency, data protection, and human oversight.
