Our first edition of 2022 focuses on Healthcare and Life Sciences. It is a sector that will once again have the spotlight on it this year as we continue to tackle COVID-19 and its subsequent variants. While the pandemic continues to challenge the sector, governments across the region forge ahead with their plans to expand and upgrade healthcare systems and develop robust world-class healthcare infrastructure.
For the region, healthcare is a vital pillar in diversifying its economies, both locally and as medical tourism hubs. To underpin this, healthcare authorities across the region continue to implement frameworks and regulations that provide structure and accountability.
In this edition, you have unique access to great insights and expert commentary on a number of pertinent healthcare regulatory developments. You will find a topical mix of articles; for example, our lawyers discuss vaccines and returning to work during the pandemic. They take you through several other areas, including stem cell research in Bahrain, clinical research laws in Egypt, and Saudi medical device and pharmaceutical laws.Take a read of the edition
On 30 August 2021, A Cabinet Resolution no. 75 of 2021 was issued to amend some provisions of Cabinet Resolution no. 57 of 2018 concerning the Executive Regulations of Federal Law no. 11 of 1992 on the Civil Procedure Law (the “New Cabinet Resolution”). On 2 September 2021, the New Cabinet Resolution was published on the Official Gazette. It shall come into force starting from 3 September 2021.
Among many other issues, the New Cabinet Resolution has introduced Article 68 (bis) which provides that “As an exception to the provisions of this chapter [Payment Order Chapter], if the case, which is being tried before the Court, is satisfying the conditions for issue of a payment order, the court shall dispose of it pursuant to the rules and procedures of disposing of cases” [emphases added] (the “Article 68”).
Based on our first reading, we believe that Article 68 will likely eliminate the risk of having cases deemed inadmissible because they were filed to the Courts of First Instance (“CFI”) as substantive actions instead of being filed to the Payment Order Judge (“POJ”). Indeed, Article 68 obliges the CFI to continue hearing cases, which satisfy payment order conditions, and disposes of them in a normal way as any other case.
This new amendment will certainly stabilize the judicial process in commercial litigation before the UAE Courts after several commercial cases that have been ordered inadmissible for not being filed to the POJ as an exceptional route of proceedings. The matter which has cost several claimants considerable amount of time and expense to re-litigate their cases after having, or almost having, their cases finally decided by the Courts of Appeal. In the legal community, we have also experienced conflicting judgments and confusing interpretations of the law which we believe now, by this Article 68, would be successfully avoided.
The claimants, in commercial litigation and especially those operating within the banking sector, should now be allowed to file their cases to the CFI pursuant to the normal way of proceedings, even if they are in doubt as to whether their cases satisfy the payment order conditions. However, they will still have the option to file a petition to the POJ seeking a payment order, in the expedited way of proceedings, if they are certain that their cases satisfy the payment order conditions, otherwise such petition could be dismissed, fully or partially, by the POJ.