Main Article Content
This study aims to locate the case management system among the means of resolving disputes and identify the concept and objectives of this system. This research intends to illustrate the establishment of this system, while the main question of the study is to know what are the legal and practical justifications and the historical circumstances that led to the emergence of this system? How does the UAE legislator regulate this system, and explain the position of this system in practical life compared to alternative dispute resolution methods? The problem of the study is the modernity of the case management system compared to the means of resolving disputes through other alternative methods on one hand. On the other hand, the extent of the ability of the Emirati legislator to codify all provisions related to organizing this type of dispute resolution method. To achieve the objectives and find solutions to the problem of the study, the researcher adopts the historical method to find out the justifications, causes and factors of the emergence of this system. Thus, the descriptive-analytical method used, taking into account that it is the appropriate approach which achieves the objectives of the study. This case is newly established in comparison with the means approved by the provisions of Islamic Sharia law. The study finds that the United Arab Emirates legislator is one of the first to adopt the implementation of this system. The conclusion of this paper shows a set of recommendations, the most important of which were: The need to enforce the provisions of Islam in the judiciary and in various aspects of life, as well as the need to expand the powers of those responsible for the administration of proceedings in the United Arab Emirates by enabling them to adjudicate disputes once and for all.
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.