DUBAI // Common law courts operating inside Dubai International Financial Centre could easily operate in Arabic and English, officials say, but not before legislation is passed to allow it.
The independent courts, including a court of first instance and a court of appeal for civil and commercial disputes, were set up in 2007 to enact a 2004 law passed by the former Ruler of Dubai, Sheikh Maktoum bin Rashid.
But according to Dubai Law No.12 of 2004, which defines the powers, procedures, functions and administration of the courts within the financial sector free zone, they must operate in English.
"We have the ability and capability to work in Arabic alongside English," said Mark Beer, a DIFC courts registrar. "The decision is not in our hands as legislation introducing Arabic as a court language has to be issued first."
Habib Al Mulla, a lawyer and the chairman of Habib Al Mulla and Company, said: "If the DIFC is serious about being a part of the judicial system in Dubai and the UAE, and serious about getting Emirati lawyers involved in the courts, the use of Arabic should be given serious consideration."
Last month the DIFC courts signed an agreement with the Judicial Training Institute at the Ministry of Justice to include common-law courses as part of Emirati lawyers' qualification.
But Dr Al Mulla said language "will remain an issue not only in appearing before the DIFC courts, but also for training purposes.
"The Judicial Institute has never carried out training in English. It doesn't have either the materials or the tutors to carry out training in English. In fact, the director of the institute has clearly mentioned that he prefers the training to be done in Arabic."
A British lawyer practising in Dubai agreed the introduction of Arabic in the DIFC courts was needed.
"If you have an Arabic-speaking party, they would be able to participate in the proceedings and this way you would have a forum where everyone can participate."
Another expert said changing the language of the court might create an opportunity to better align the DIFC courts with the federal system.
"Most lawyers in the UAE studied the French civil law system, which is completely different to the Anglo-Saxon common law practised in DIFC," said Dr Ali Al Jarman, the managing partner at Prestige Advocates and Legal Consultants.
While the federal court system was built on a mix of Islamic law and Egyptian civil law, the DIFC courts follow the UK common-law system.
The biggest difference between the two systems, Dr Al Jarman said, was that DIFC courts allowed defences based on legal precedents, while the courts in the rest of the UAE did not.
Introducing Arabic would probably increase the case loads at the courts, but Mr Beer said they were ready to handle more traffic.
"We have two Emirati, Arabic-speaking judges and our small- claims court finishes cases within three weeks on average," he said.
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The smuggler
Eldarir had arrived at JFK in January 2020 with three suitcases, containing goods he valued at $300, when he was directed to a search area.
Officers found 41 gold artefacts among the bags, including amulets from a funerary set which prepared the deceased for the afterlife.
Also found was a cartouche of a Ptolemaic king on a relief that was originally part of a royal building or temple.
The largest single group of items found in Eldarir’s cases were 400 shabtis, or figurines.
Khouli conviction
Khouli smuggled items into the US by making false declarations to customs about the country of origin and value of the items.
According to Immigration and Customs Enforcement, he provided “false provenances which stated that [two] Egyptian antiquities were part of a collection assembled by Khouli's father in Israel in the 1960s” when in fact “Khouli acquired the Egyptian antiquities from other dealers”.
He was sentenced to one year of probation, six months of home confinement and 200 hours of community service in 2012 after admitting buying and smuggling Egyptian antiquities, including coffins, funerary boats and limestone figures.
For sale
A number of other items said to come from the collection of Ezeldeen Taha Eldarir are currently or recently for sale.
Their provenance is described in near identical terms as the British Museum shabti: bought from Salahaddin Sirmali, "authenticated and appraised" by Hossen Rashed, then imported to the US in 1948.
- An Egyptian Mummy mask dating from 700BC-30BC, is on offer for £11,807 ($15,275) online by a seller in Mexico
- A coffin lid dating back to 664BC-332BC was offered for sale by a Colorado-based art dealer, with a starting price of $65,000
- A shabti that was on sale through a Chicago-based coin dealer, dating from 1567BC-1085BC, is up for $1,950
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Director: Jared Hess
Starring: Jack Black, Jennifer Coolidge, Jason Momoa
Rating: 3/5
Mia Man’s tips for fermentation
- Start with a simple recipe such as yogurt or sauerkraut
- Keep your hands and kitchen tools clean. Sanitize knives, cutting boards, tongs and storage jars with boiling water before you start.
- Mold is bad: the colour pink is a sign of mold. If yogurt turns pink as it ferments, you need to discard it and start again. For kraut, if you remove the top leaves and see any sign of mold, you should discard the batch.
- Always use clean, closed, airtight lids and containers such as mason jars when fermenting yogurt and kraut. Keep the lid closed to prevent insects and contaminants from getting in.
Killing of Qassem Suleimani
Milestones on the road to union
1970
October 26: Bahrain withdraws from a proposal to create a federation of nine with the seven Trucial States and Qatar.
December: Ahmed Al Suwaidi visits New York to discuss potential UN membership.
1971
March 1: Alex Douglas Hume, Conservative foreign secretary confirms that Britain will leave the Gulf and “strongly supports” the creation of a Union of Arab Emirates.
July 12: Historic meeting at which Sheikh Zayed and Sheikh Rashid make a binding agreement to create what will become the UAE.
July 18: It is announced that the UAE will be formed from six emirates, with a proposed constitution signed. RAK is not yet part of the agreement.
August 6: The fifth anniversary of Sheikh Zayed becoming Ruler of Abu Dhabi, with official celebrations deferred until later in the year.
August 15: Bahrain becomes independent.
September 3: Qatar becomes independent.
November 23-25: Meeting with Sheikh Zayed and Sheikh Rashid and senior British officials to fix December 2 as date of creation of the UAE.
November 29: At 5.30pm Iranian forces seize the Greater and Lesser Tunbs by force.
November 30: Despite a power sharing agreement, Tehran takes full control of Abu Musa.
November 31: UK officials visit all six participating Emirates to formally end the Trucial States treaties
December 2: 11am, Dubai. New Supreme Council formally elects Sheikh Zayed as President. Treaty of Friendship signed with the UK. 11.30am. Flag raising ceremony at Union House and Al Manhal Palace in Abu Dhabi witnessed by Sheikh Khalifa, then Crown Prince of Abu Dhabi.
December 6: Arab League formally admits the UAE. The first British Ambassador presents his credentials to Sheikh Zayed.
December 9: UAE joins the United Nations.