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Attachments Against the Defendants' Assets and the Impoundment of Passports Can Only Be Granted If the Plaintiff's Claims Are Serious, Genuine, and Supported By Evidence, and There Is a Risk That the Defendants May Dispose of Their Assets or Abscond From the Country

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In an action filed by a local company in Dubai against a number of defendants where the plaintiff had obtained an attachment order against their assets before action and impounded the fourth defendant's passport as a security for its claim, the Dubai Court lifted the attachment following an objection filed by the defendants and cancelled the order impounding the fourth defendant's passport. The plaintiff appealed against this judgment to the Dubai Court of Cassation which upheld the judgment delivered by the lower courts on the grounds that there was no evidence to show that the plaintiff had a genuine claim and further that there was no evidence to show that the plaintiffs claim was at risk or the defendants were about to dispose of their assets or abscond from the country. The court held that only in these circumstances can an attachment be granted. Otherwise, the court at its discretion may lift the attachment if there is evidence that there is no conclusive evidence to substantiate the claim and no risk of the plaintiff being unable to recover his debts from the defendants after the judgment has been delivered. The court further held that this ground does not affect any arguments or submissions made with regard to the merits of this case as attachment proceedings and any decisions made therein do not affect the substantial claim.

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/content/journals/10.1163/157302595x00409
1995-01-01
2015-07-28

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