How is information and evidence submitted to the court scrutinised? For example, is cross-examination available and if so, how frequently is it employed in practice?
Intellectual Property (2nd edition)
The strength of the evidence submitted by the parties is freely assessed by the judges. Cross examination is available, but not frequently employed in the IP infringement litigation.
Evidence submitted to the UAE courts shall be by way of written submissions supported by documentary evidence, translated into Arabic (if in another language). The UAE Courts do not expect to see, and actively deter, witness statements, affidavits and other such legal instruments. As a result, witnesses of facts do not give oral evidence, unless a party is granted the right to call a witness.
The officials expect to see documentary evidence such as invoices, order forms, advertisements, registration certificates and such documents. Where the documents are issued outside of the UAE, such as foreign trade mark registration certificates, these will need to be legalised to the UAE Embassy in the country of issue.
Cross-examination is not available in our jurisdiction. The Courts shall follow certain guidelines and principals when analysing some piece of evidence. Such guidelines and principals are provided in our legislation but also in our jurisprudence.
Information and evidence is produced before the court and taken on record in the form of documents, exhibits, and witness testimony. Admission and denial of documents is an important part of the process. Cross-examination of witness is a necessary part of the trial stage and frequently practiced.