In the legal arena, the defendant often finds themselves in a defensive position, However, UAE Law provides a powerful procedural tool that allows them to turn the tables and achieve comprehensive justice: e Counterclaim in UAE Law.

This action, precisely regulated under the Civil Procedures Law, is more than just a response; it is a mechanism that grants the defendant the right to present counter-claims or claims related to the original dispute within the same case framework.

Are you a party to a legal dispute and wish to assert your rights without the need to file a separate, time-consuming lawsuit? This article is your comprehensive guide to understanding:

• What is the concept of the Counterclaim in UAE Law and how does it contribute to expediting the litigation process?

• What are the most prominent types of counterclaims covering commercial, real estate, and labor cases?

• What are the essential conditions for filing a Counterclaim in UAE Law to ensure its acceptance, particularly regarding its connection to the original lawsuit and legal deadlines?

Continue reading to master the use of this effective legal instrument, which enables you to assert your demands and secure your rights with high professionalism and efficiency.

What is the Concept of a Counterclaim in UAE Law?

A counterclaim in UAE law is a lawsuit filed by the defendant against the plaintiff within the same original case, with the goal of presenting a counter-legal claim or one related to the same dispute.

This legal tool is used in the UAE judicial system to ensure justice for all parties by giving the defendant the right to present their own claims without needing to file a separate lawsuit.

According to the UAE Civil Procedures Law, there must be a close link between the original lawsuit and the counterclaim, either in the subject matter or the right to claim.

A counterclaim is seen as an effective way to save time and judicial effort, as both are decided within the same legal proceedings, ensuring a comprehensive settlement of the dispute.

Read more: How to Prepare a Civil Statement of Claim in the UAE Correctly (Step-by-Step)

What Are the Main Types of Counterclaims?

Counterclaims are divided into several types based on the nature of the dispute and the basis of the legal claim. No matter the type, a specialized law firm like Samaha Legal Consultancy can handle it for you. Here are the most common types of counterclaims that can be filed with the competent courts:

• Contractual Counterclaims: These are filed when there is a dispute between two parties over a specific contract. The defendant can file a counterclaim to assert their rights under the agreement.
• Commercial Dispute Counterclaims: Used in conflicts between companies or business partners. One party might file a lawsuit to claim compensation or enforce obligations, while the other responds with a counterclaim related to the plaintiff’s own breach of the agreement.
• Real Estate Counterclaims: These involve disputes over property ownership or leases. You can file your lawsuit legally and protect your rights by working with a firm like Samaha Legal Consultancy.
• Labor Dispute Counterclaims: These arise from disagreements between employers and employees.
  A counterclaim can be filed by one party to demand financial rights or compensation from the other.
  You can ensure your rights are fully protected with Samaha Legal Consultancy.
• Civil Case Counterclaims: In civil disputes, a defendant may use a counterclaim to challenge the validity of the plaintiff’s claims or to present legally related claims.
• Family Law Counterclaims: In personal status cases, a defendant can file a counterclaim to protect their personal rights.

What Are the Conditions for Filing a Counterclaim?

To file a counterclaim, a number of legal conditions must be met to ensure it is accepted by the competent court. These conditions aim to achieve justice and prevent the abuse of legal rights.

Here are the most important requirements for filing a counterclaim:

1. Connection to the Original Lawsuit: There must be a direct relationship between the counterclaim and the original lawsuit.
   The subject of the counterclaim must be linked to the main dispute between the plaintiff and the defendant.
2. Filing in the Same Court: The counterclaim must be filed with the same court hearing the original lawsuit. This prevents conflicting judgments and helps expedite the resolution of the dispute.
3. Timely Filing: A counterclaim cannot be filed at any time; it must be submitted within the period allowed by UAE law, which is typically during the response phase to the original lawsuit.
   If the defendant is late in filing, the court may lose its jurisdiction unless acceptable legal reasons for the delay are provided.
   A firm like Samaha Legal Consultancy can help you file your counterclaim within the proper legal deadline.
4. The Defendant Must Have a Legal Interest: The defendant must have a genuine and legitimate legal interest in filing the counterclaim, meaning they have suffered a real harm or are defending a legal right.
5. Fulfilling Legal and Procedural Requirements: The counterclaim must meet all legal formalities and procedural requirements for any lawsuit. By working with Samaha Legal Consultancy, you can ensure all requirements are met, such as:
   • Submitting the counterclaim statement according to the same rules as the original lawsuit.
   • Paying the required legal fees.
   • Including all evidence and supporting documents for the defendant’s claims.
6. The Purpose is Not to Obstruct Justice: The counterclaim should not be a means to prolong litigation or delay the original case.
   If the court finds that the defendant filed the counterclaim to obstruct the judgment, it may be rejected or legal penalties may be imposed.

the Counterclaim is a critically important procedural tool that ensures comprehensive justice.
It allows the defendant to shift their position from defense to offense, presenting their legal claims within the framework of the original dispute.

We have explored how the forms of this action vary, covering real estate, commercial, and civil cases, and how adhering to the conditions for filing (such as the connection to the original lawsuit and timely submission) is key to its acceptance.

To ensure all legal and procedural requirements for your counterclaim are met and to avoid any formal rejection, you must seek specialized legal expertise.

Contact the Samaha Legal Consultancy Office today, We will provide you with full support in drafting and submitting your counterclaim within the legal deadline, ensuring the maximum protection of your rights in the UAE courts.

Do not hesitate to secure your legal rights. Contact us to learn more about how to successfully file a Counterclaim in UAE Law!