Federal LawFederal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions

08/10/2023by Hossam Zakaria0

Table of Contents

“Federal Law No. (10) of 1992: Ensuring Fairness and Reliability in Civil and Commercial Transactions.”

Introduction

Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions is a legislation enacted in the United Arab Emirates (UAE). This law governs the rules and procedures related to the admissibility and evaluation of evidence in civil and commercial matters within the UAE jurisdiction. It provides a framework for the presentation, examination, and assessment of evidence in legal proceedings, ensuring fairness and reliability in the judicial system. The law aims to establish clear guidelines and standards for the acceptance and weight given to different types of evidence, promoting transparency and consistency in civil and commercial transactions.

Overview of Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions

Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions is a crucial piece of legislation in the United Arab Emirates (UAE) that governs the rules and procedures related to evidence in civil and commercial cases. This law provides a comprehensive framework for the admissibility, presentation, and evaluation of evidence in court proceedings.

The purpose of this law is to ensure fairness and justice in civil and commercial disputes by establishing clear guidelines for the use of evidence. It aims to protect the rights of individuals and businesses involved in legal proceedings and to promote transparency and efficiency in the judicial system.

One of the key features of this law is its definition of evidence. According to Article 1, evidence is any fact or circumstance that helps establish the truth or falsehood of a claim. This definition is broad and encompasses various types of evidence, including documents, testimonies, expert opinions, and physical evidence.

The law also sets out the general principles governing the admissibility of evidence. Article 2 states that evidence must be relevant, lawful, and obtained in a manner that does not violate the law. This ensures that only reliable and trustworthy evidence is considered by the court, preventing the use of illegally obtained or irrelevant evidence.

Furthermore, the law establishes the burden of proof in civil and commercial cases. According to Article 3, the burden of proof lies with the party making the claim. This means that the party asserting a fact or seeking a legal remedy must provide sufficient evidence to convince the court of the truth of their claim. The burden of proof is an essential element in ensuring a fair and balanced legal process.

In addition to the general principles, the law also addresses specific types of evidence and their admissibility. For example, Article 4 states that documents are admissible as evidence if they are original or certified copies and if they are relevant to the case. This provision ensures that parties can rely on written records to support their claims or defenses.

Testimonies are another important form of evidence, and the law provides guidelines for their admissibility. Article 5 states that testimonies must be given under oath and that witnesses must have personal knowledge of the facts they are testifying about. This requirement ensures that testimonies are reliable and based on firsthand information.

Furthermore, the law recognizes the importance of expert opinions in certain cases. Article 6 allows the court to appoint experts to provide specialized knowledge or technical analysis on specific issues. Expert opinions are particularly relevant in complex cases where the court may lack the necessary expertise to evaluate certain evidence.

Overall, Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions is a comprehensive and essential piece of legislation in the UAE. It establishes clear guidelines for the admissibility, presentation, and evaluation of evidence in civil and commercial cases, ensuring fairness and justice in the legal system. By providing a framework for the use of evidence, this law promotes transparency, efficiency, and the protection of individual and business rights in legal proceedings.

Key provisions and principles of Federal Law No. (10) of 1992

Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions is a crucial piece of legislation in the United Arab Emirates (UAE) that governs the rules and principles surrounding the admissibility and evaluation of evidence in civil and commercial disputes. This law plays a fundamental role in ensuring fairness and justice in the UAE’s legal system.

One of the key provisions of this law is the principle of freedom of proof. Under this principle, parties to a civil or commercial dispute are given the freedom to present any evidence they deem necessary to support their claims. This includes documentary evidence, witness testimonies, expert opinions, and any other relevant evidence. The law recognizes that different types of evidence may be more appropriate in different situations, and it is up to the parties to decide which evidence to present.

However, the law also sets certain limitations on the freedom of proof. For instance, evidence obtained through illegal means, such as torture or coercion, is not admissible in court. Similarly, evidence that is irrelevant or has no probative value is also excluded. The law aims to strike a balance between allowing parties to present their evidence and ensuring that only reliable and relevant evidence is considered.

Another important provision of this law is the principle of burden of proof. According to this principle, the burden of proving a claim rests on the party who asserts it. In other words, the party making a claim must provide sufficient evidence to convince the court of the validity of their claim. This principle is essential in ensuring that parties do not make baseless or unsubstantiated claims.

The law also recognizes the importance of expert evidence in civil and commercial disputes. Expert opinions can provide valuable insights and technical knowledge that may be beyond the understanding of the court or the parties involved. The law allows parties to present expert evidence to support their claims or to challenge the opposing party’s evidence. However, the court has the discretion to accept or reject expert evidence based on its relevance and reliability.

Furthermore, Federal Law No. (10) of 1992 establishes the principle of the best evidence rule. According to this principle, the court gives more weight to the original or primary evidence rather than secondary evidence, such as copies or reproductions. This ensures that the court has access to the most accurate and reliable evidence available.

In addition to these key provisions, the law also addresses the issue of hearsay evidence. Hearsay evidence refers to statements made by a person who is not present in court and is therefore unable to be cross-examined. Generally, hearsay evidence is considered less reliable and is given less weight by the court. However, the law allows for certain exceptions to this rule, such as when the statement was made by a person who has since passed away or is unable to testify due to physical or mental incapacity.

In conclusion, Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions is a comprehensive legislation that governs the admissibility and evaluation of evidence in civil and commercial disputes in the UAE. The law ensures that parties have the freedom to present their evidence while also setting limitations to ensure the reliability and relevance of the evidence. By establishing key principles such as the burden of proof, the best evidence rule, and the admissibility of expert evidence, this law plays a crucial role in promoting fairness and justice in the UAE’s legal system.

Understanding the concept of evidence in civil and commercial transactions

Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions is a crucial piece of legislation that governs the use and admissibility of evidence in civil and commercial cases in the United Arab Emirates. Understanding the concept of evidence in these transactions is essential for both legal professionals and individuals involved in such cases.

Evidence plays a fundamental role in civil and commercial transactions as it helps establish the facts and truth of a case. It is the information or material that is presented in court to prove or disprove a claim or allegation. In civil and commercial cases, evidence can take various forms, including documents, witness testimonies, expert opinions, and physical objects.

One of the key principles underlying the concept of evidence in civil and commercial transactions is the principle of admissibility. This principle ensures that only relevant and reliable evidence is considered by the court. Admissible evidence is evidence that is legally acceptable and can be used to support or challenge a claim. The court has the authority to exclude evidence that is irrelevant, unreliable, or obtained unlawfully.

To determine the admissibility of evidence, the court considers several factors. These include the relevance of the evidence to the issues in dispute, the credibility and competence of the person presenting the evidence, and the manner in which the evidence was obtained. The court also takes into account any legal requirements or restrictions regarding the admissibility of specific types of evidence.

Another important aspect of evidence in civil and commercial transactions is the burden of proof. The burden of proof refers to the responsibility of a party to prove the truth of their claim or allegation. In civil and commercial cases, the burden of proof is generally on the party making the claim or seeking a remedy. The standard of proof required varies depending on the nature of the case. In civil cases, the standard is usually on the balance of probabilities, meaning that the claim is more likely than not to be true.

The law also recognizes the importance of documentary evidence in civil and commercial transactions. Documents such as contracts, invoices, and receipts are often crucial in establishing the rights and obligations of the parties involved. Documentary evidence is generally considered to be reliable and is given significant weight by the court. However, the court may require additional evidence to support or explain the contents of the documents.

Witness testimonies are another form of evidence commonly used in civil and commercial transactions. Witnesses are individuals who have firsthand knowledge or information relevant to the case. Their testimonies can provide valuable insights and help establish the facts of the case. The court evaluates the credibility and reliability of witnesses based on factors such as their demeanor, consistency, and ability to recall details.

Expert opinions are also frequently relied upon in civil and commercial transactions. Experts are individuals with specialized knowledge or expertise in a particular field. Their opinions can assist the court in understanding complex technical or scientific matters. The court considers the qualifications and experience of the expert, as well as the methodology used in forming their opinion.

In conclusion, understanding the concept of evidence in civil and commercial transactions is crucial for anyone involved in such cases. Admissibility, burden of proof, and the various forms of evidence, including documents, witness testimonies, and expert opinions, all play a significant role in establishing the truth and resolving disputes. By adhering to the principles and requirements set out in Federal Law No. (10) of 1992, the court ensures a fair and just resolution of civil and commercial cases.

The role of evidence in civil and commercial litigation

Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions is a crucial piece of legislation that governs the role of evidence in civil and commercial litigation in the United Arab Emirates. This law provides a comprehensive framework for the admission, presentation, and evaluation of evidence in legal proceedings, ensuring fairness and justice in the legal system.

In civil and commercial litigation, evidence plays a pivotal role in establishing facts and proving or disproving claims. It is the foundation upon which legal arguments are built, and it helps the court in reaching a just and informed decision. The law recognizes the importance of evidence and sets out clear guidelines for its admissibility and evaluation.

One of the key aspects of this law is the requirement for evidence to be relevant and reliable. This means that evidence must have a direct bearing on the issues in dispute and must be trustworthy. The law provides a list of admissible evidence, including documents, witness testimony, expert opinions, and physical evidence. It also allows for the use of electronic evidence, recognizing the increasing reliance on technology in modern business transactions.

To ensure fairness and transparency, the law also sets out rules for the presentation of evidence. It requires parties to disclose all relevant evidence in their possession and allows the court to order the production of additional evidence if necessary. This promotes a level playing field and prevents one party from withholding crucial evidence that could affect the outcome of the case.

In evaluating evidence, the law places the burden of proof on the party making the claim. The standard of proof in civil and commercial cases is the balance of probabilities, meaning that the court will decide in favor of the party whose version of events is more likely to be true. The law also allows the court to draw adverse inferences from a party’s failure to produce evidence or to explain certain facts.

In addition to these general principles, the law also addresses specific types of evidence and their requirements. For example, it sets out the criteria for the admissibility of expert opinions, which must be based on specialized knowledge and be relevant to the issues in dispute. It also provides guidelines for the authentication of documents and the examination of witnesses.

Overall, Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions plays a crucial role in ensuring a fair and just legal system in the UAE. By setting out clear rules for the admission, presentation, and evaluation of evidence, it promotes transparency, fairness, and efficiency in civil and commercial litigation. It provides a solid foundation for parties to present their cases and for the court to make informed decisions based on the evidence before it. This law is a testament to the UAE’s commitment to upholding the rule of law and protecting the rights of individuals and businesses in civil and commercial disputes.

Burden of proof and standard of proof under Federal Law No. (10) of 1992

Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions is a crucial legislation that governs the burden of proof and standard of proof in the United Arab Emirates (UAE). This law plays a significant role in ensuring fairness and justice in civil and commercial disputes.

Under this law, the burden of proof lies on the party who asserts a fact. In other words, the person making a claim or allegation must provide sufficient evidence to support their claim. This principle is fundamental to the legal system as it ensures that the party making the claim takes responsibility for proving its validity.

The burden of proof is not static and can shift depending on the circumstances. For example, if a party presents prima facie evidence, which is sufficient to establish a fact, the burden of proof may shift to the opposing party. This shift occurs when the prima facie evidence is not rebutted or contradicted by the opposing party.

To determine the standard of proof, Federal Law No. (10) of 1992 provides guidance on the level of evidence required to establish a fact. In civil and commercial cases, the standard of proof is generally based on the balance of probabilities. This means that the party asserting a fact must prove that it is more likely than not to be true.

The balance of probabilities standard requires the court to assess the evidence presented by both parties and determine which side has the stronger case. It does not require absolute certainty, but rather a reasonable belief in the truth of the asserted fact. This standard allows for a fair and practical approach to resolving disputes, as it is often difficult to establish absolute certainty in civil and commercial matters.

However, there are exceptions to the balance of probabilities standard. In certain cases, such as criminal cases or cases involving serious allegations, a higher standard of proof may be required. For example, in criminal cases, the standard of proof is beyond a reasonable doubt, which is a higher threshold than the balance of probabilities. This higher standard is necessary to protect the rights of the accused and ensure that no one is wrongfully convicted.

It is important to note that the burden of proof and standard of proof are closely intertwined. The party with the burden of proof must meet the required standard of proof to establish their claim. If the evidence presented does not meet the standard, the claim may be dismissed or not given the weight necessary to succeed.

In conclusion, Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions provides clear guidelines on the burden of proof and standard of proof in the UAE. This law ensures that the party making a claim takes responsibility for proving its validity and that the evidence presented meets the required standard. By adhering to these principles, the UAE legal system promotes fairness and justice in civil and commercial disputes.

Types of evidence recognized under Federal Law No. (10) of 1992

Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions is a crucial piece of legislation in the United Arab Emirates (UAE) that governs the types of evidence recognized in legal proceedings. This law plays a vital role in ensuring fairness and justice in civil and commercial disputes.

Under this law, several types of evidence are recognized and accepted in court. The first type is documentary evidence, which includes any written or printed material that can be presented to the court. This can include contracts, invoices, receipts, letters, and any other written document that is relevant to the case. Documentary evidence is highly valued in legal proceedings as it provides tangible proof of the facts being presented.

Another type of evidence recognized under Federal Law No. (10) of 1992 is testimonial evidence. This refers to the oral statements made by witnesses during the trial. Witnesses are individuals who have firsthand knowledge of the events or facts related to the case and are called upon to provide their account of what they have seen or heard. Testimonial evidence is crucial in establishing the credibility of the parties involved and can greatly influence the outcome of a case.

In addition to documentary and testimonial evidence, the law also recognizes the importance of expert evidence. Expert evidence is provided by individuals who possess specialized knowledge or skills in a particular field relevant to the case. These experts are called upon to provide their professional opinion or analysis on specific matters. For example, in a medical malpractice case, a medical expert may be called upon to provide their opinion on whether the defendant’s actions fell below the standard of care. Expert evidence is highly valued as it provides the court with a deeper understanding of complex issues.

Furthermore, Federal Law No. (10) of 1992 recognizes the significance of circumstantial evidence. Circumstantial evidence refers to indirect evidence that implies a fact or event. Unlike direct evidence, which directly proves a fact, circumstantial evidence relies on inference and deduction. For example, if a person is found with a stolen item in their possession shortly after a burglary occurred, this can be considered circumstantial evidence that suggests their involvement in the crime. Circumstantial evidence is often used to build a case when direct evidence is lacking.

Lastly, the law recognizes the importance of electronic evidence in today’s digital age. Electronic evidence refers to any information or data stored electronically, such as emails, text messages, social media posts, or computer records. With the increasing reliance on technology, electronic evidence has become a crucial component in many civil and commercial disputes. However, it is important to note that certain requirements must be met to ensure the authenticity and admissibility of electronic evidence in court.

In conclusion, Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions recognizes several types of evidence that are crucial in legal proceedings. These include documentary evidence, testimonial evidence, expert evidence, circumstantial evidence, and electronic evidence. Each type of evidence plays a unique role in establishing the facts and ensuring fairness in civil and commercial disputes. Understanding the different types of evidence recognized under this law is essential for both legal professionals and individuals involved in legal proceedings.

Admissibility and exclusion of evidence in civil and commercial transactions

Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions is a crucial piece of legislation that governs the admissibility and exclusion of evidence in civil and commercial transactions in the United Arab Emirates. This law plays a vital role in ensuring fairness and justice in legal proceedings by establishing clear guidelines for the acceptance and rejection of evidence.

One of the fundamental principles of this law is that evidence must be relevant to the case at hand. This means that only evidence that has a direct bearing on the issues being litigated can be admitted. Irrelevant evidence, on the other hand, is excluded as it serves no purpose in determining the truth or resolving the dispute. This principle ensures that the court’s time is not wasted on irrelevant matters and that the focus remains on the key issues.

Another important aspect of this law is the requirement for evidence to be legally obtained. Evidence that has been obtained through illegal means, such as through coercion or violation of privacy rights, is generally excluded. This ensures that the legal system does not condone or reward illegal behavior and upholds the principles of justice and fairness.

Furthermore, the law also sets out specific rules regarding the admissibility of documentary evidence. It states that documents must be original or certified copies to be admissible. This requirement ensures the authenticity and reliability of the evidence presented in court. Additionally, the law allows for the use of electronic documents as evidence, provided they meet certain criteria to ensure their integrity and authenticity.

In addition to these general principles, the law also addresses specific types of evidence that may be excluded. For example, evidence that is hearsay, meaning it is based on someone else’s statement rather than firsthand knowledge, is generally not admissible. This rule aims to prevent the court from relying on potentially unreliable or inaccurate information.

Similarly, evidence that is obtained through torture or other forms of coercion is also excluded. This rule reflects the commitment of the UAE legal system to upholding human rights and ensuring that evidence is obtained in a lawful and ethical manner.

Moreover, the law also provides for the exclusion of evidence that is obtained illegally or in violation of procedural rules. This includes evidence that is obtained without a proper search warrant or in violation of the right to privacy. By excluding such evidence, the law ensures that individuals’ rights are protected and that the legal system operates within the boundaries of the law.

In conclusion, Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions is a comprehensive piece of legislation that governs the admissibility and exclusion of evidence in civil and commercial transactions in the UAE. This law ensures that only relevant and legally obtained evidence is admitted in court, promoting fairness and justice in legal proceedings. By setting clear guidelines and rules, this law provides a framework for the proper administration of justice and upholds the principles of the UAE legal system.

Expert evidence and its significance in civil and commercial cases

Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions is a crucial piece of legislation that governs the use of evidence in civil and commercial cases in the United Arab Emirates. One important aspect of this law is the recognition and significance of expert evidence in such cases.

Expert evidence plays a vital role in civil and commercial cases as it provides specialized knowledge and opinions that can assist the court in making informed decisions. This type of evidence is particularly relevant in complex cases where technical or scientific expertise is required to understand the facts and issues at hand.

The law recognizes the importance of expert evidence by allowing parties to present expert witnesses to support their claims or defenses. These expert witnesses are individuals who possess specialized knowledge, skills, or experience in a particular field relevant to the case. They are expected to provide unbiased and objective opinions based on their expertise.

In civil and commercial cases, expert evidence can be used to establish facts, clarify technical issues, or evaluate the credibility of other evidence presented. For example, in a construction dispute, an expert witness may be called upon to assess the quality of workmanship or determine the cause of a structural failure. In a patent infringement case, an expert witness may be asked to analyze the technical aspects of the invention and provide an opinion on its novelty or non-obviousness.

To ensure the reliability and credibility of expert evidence, the law imposes certain requirements on the qualifications and independence of expert witnesses. The court must be satisfied that the expert witness possesses the necessary expertise and qualifications in the relevant field. Additionally, the expert witness must provide a written report detailing their opinions and the basis for those opinions. This report must be disclosed to all parties involved to allow for a fair and transparent process.

The court has the discretion to accept or reject expert evidence based on its relevance, reliability, and probative value. The judge may consider factors such as the qualifications and experience of the expert witness, the methodology used in reaching their opinions, and the consistency of their opinions with other evidence presented. The court may also appoint its own independent expert to provide an opinion on the matter.

It is important to note that while expert evidence can be persuasive, it is not binding on the court. The judge retains the ultimate authority to weigh the evidence and make a decision based on the facts and applicable law. However, expert evidence can significantly influence the court’s decision-making process, especially in complex cases where the judge may lack the necessary technical knowledge.

In conclusion, expert evidence plays a crucial role in civil and commercial cases under Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions. It provides specialized knowledge and opinions that assist the court in understanding complex technical or scientific issues. The law sets out requirements for the qualifications and independence of expert witnesses to ensure the reliability and credibility of their evidence. While not binding, expert evidence can greatly influence the court’s decision-making process.

Presumptions and inferences under Federal Law No. (10) of 1992

Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions is a crucial piece of legislation that governs the rules and procedures surrounding the use of evidence in legal proceedings in the United Arab Emirates. This law provides a comprehensive framework for the admissibility and weight of evidence, ensuring fairness and justice in civil and commercial disputes.

One important aspect of this law is the section on presumptions and inferences. Presumptions are legal assumptions made by the court based on certain facts or evidence presented. These presumptions help simplify the process of proving certain elements of a case, making it easier for parties to present their arguments and for the court to reach a just decision.

Under Federal Law No. (10) of 1992, there are several types of presumptions that can be applied in civil and commercial transactions. One such presumption is the presumption of regularity. This presumption holds that official acts and documents are presumed to have been performed or executed in accordance with the law, unless proven otherwise. This presumption helps ensure the reliability and validity of official documents, such as contracts or government-issued certificates.

Another important presumption under this law is the presumption of ownership. According to this presumption, a person in possession of property is presumed to be the rightful owner, unless proven otherwise. This presumption helps protect the rights of individuals and encourages the proper documentation and registration of property ownership.

In addition to presumptions, Federal Law No. (10) of 1992 also recognizes the use of inferences in civil and commercial transactions. An inference is a logical conclusion drawn from the available evidence. Inferences can be made by the court or by the parties involved in the case, and they help fill in gaps in the evidence or establish a connection between certain facts.

For example, if a person is found in possession of stolen goods shortly after a robbery, the court may infer that the person is the thief. This inference is based on the logical connection between the possession of stolen goods and the commission of a crime. Inferences can be powerful tools in establishing liability or proving a party’s case.

It is important to note that while presumptions and inferences can be helpful in legal proceedings, they are not absolute. The court has the discretion to accept or reject a presumption or inference based on the specific circumstances of the case. The party opposing a presumption or inference has the opportunity to present evidence to rebut it and prove its inaccuracy or unreliability.

In conclusion, the section on presumptions and inferences under Federal Law No. (10) of 1992 plays a crucial role in the fair and efficient resolution of civil and commercial disputes in the United Arab Emirates. These legal tools simplify the process of proving certain elements of a case and help establish a logical connection between facts. However, it is important to remember that presumptions and inferences are not absolute and can be challenged with the presentation of contrary evidence.

Recent developments and challenges in the application of Federal Law No. (10) of 1992

Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions is a crucial piece of legislation in the United Arab Emirates (UAE) that governs the rules and procedures related to the admissibility and evaluation of evidence in civil and commercial disputes. Over the years, this law has undergone several developments and faced numerous challenges in its application.

One recent development in the application of Federal Law No. (10) of 1992 is the increasing reliance on electronic evidence. With the rapid advancement of technology, electronic evidence, such as emails, text messages, and social media posts, has become prevalent in civil and commercial disputes. However, the admissibility and authenticity of electronic evidence pose significant challenges. The courts have had to grapple with issues such as the integrity of electronic evidence, the reliability of digital signatures, and the authentication of electronic documents. To address these challenges, the UAE has introduced specific regulations and guidelines to ensure the proper handling and authentication of electronic evidence.

Another significant development in the application of Federal Law No. (10) of 1992 is the recognition of foreign judgments and evidence. The UAE is an international hub for business and trade, attracting companies and individuals from around the world. As a result, disputes often involve foreign parties and foreign evidence. The law now provides mechanisms for the recognition and enforcement of foreign judgments, as well as the admissibility of foreign evidence. This development has enhanced the efficiency and effectiveness of the UAE’s legal system in dealing with cross-border disputes.

However, despite these developments, challenges persist in the application of Federal Law No. (10) of 1992. One such challenge is the issue of burden of proof. The law places the burden of proof on the party making a claim, requiring them to present sufficient evidence to support their case. This can be particularly challenging in complex commercial disputes where the evidence is often voluminous and complex. Parties may struggle to gather and present the necessary evidence, leading to delays and increased costs. To address this challenge, the UAE has introduced alternative dispute resolution mechanisms, such as mediation and arbitration, which provide parties with more flexible and efficient ways to resolve their disputes.

Another challenge is the interpretation and application of the law by the courts. The law provides general principles and guidelines for the admissibility and evaluation of evidence, but it does not cover every possible scenario. As a result, the courts have to interpret and apply the law to specific cases, which can lead to inconsistencies and uncertainty. To address this challenge, the UAE has established specialized courts, such as the Dubai International Financial Centre Courts, which have expertise in commercial disputes and can provide more consistent and predictable rulings.

In conclusion, Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions has undergone significant developments and faced various challenges in its application. The increasing reliance on electronic evidence and the recognition of foreign judgments and evidence are notable developments that have enhanced the efficiency and effectiveness of the UAE’s legal system. However, challenges such as the burden of proof and the interpretation and application of the law by the courts persist. The UAE continues to address these challenges through the introduction of alternative dispute resolution mechanisms and the establishment of specialized courts. Overall, the application of Federal Law No. (10) of 1992 is a dynamic and evolving process that seeks to ensure fairness and justice in civil and commercial disputes in the UAE.

Conclusion

In conclusion, Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions is an important legislation in the United Arab Emirates that governs the rules and procedures related to evidence in civil and commercial matters. It provides guidelines on the admissibility, presentation, and evaluation of evidence in legal proceedings, ensuring fairness and justice in the legal system. The law plays a crucial role in maintaining transparency, credibility, and reliability in civil and commercial transactions, ultimately contributing to the overall efficiency and effectiveness of the UAE’s legal framework.