Yes — but only when the two cases are genuinely connected.
The Legal Basis
Under UAE Federal Decree-Law No. 38 of 2022 (Criminal Procedures), Article 29, a civil court must pause its proceedings if a related criminal case was filed before or during the civil case, and the two cases share facts that the civil court cannot independently resolve.
Example: Suppose you sue someone in civil court for breaching a contract and stealing money from your company. If you also file a criminal fraud complaint based on the exact same events, Article 29 kicks in — the civil court cannot decide whether you’re owed money until the criminal court decides whether fraud actually occurred.
Key Conditions Explained
1. Overlapping Facts Must Be Central to the Civil Claim
This means the criminal case must involve the same core facts — not just any related matter. The factual overlap must be so significant that the civil court’s decision would contradict or be inconsistent with the criminal court’s findings if both proceeded simultaneously.
Example: Ali sues Sara in civil court claiming she took his money under a fraudulent investment scheme. Ali simultaneously files a criminal complaint for fraud against Sara based on the same scheme. The civil court cannot determine how much money Ali is owed (or whether Sara is liable at all) without knowing whether the criminal court finds fraud proven. This is a valid overlap — the civil case is suspended.
Contrast (No overlap): Ali’s civil case is about recovering money Sara owes from a loan. The criminal complaint is about Sara allegedly assaulting him in a separate incident. These have no overlapping facts — no suspension applies.
2. Courts Have Discretion Under Civil Procedure Law Article 102
The court is not obligated to suspend automatically in every overlapping case. Judges assess whether suspension is genuinely necessary for a fair outcome.
Example: A civil dispute over non-payment of rent, where the landlord separately files a criminal harassment complaint against the tenant — a court may find the issues are not connected enough to justify pausing the rent case.
3. Urgent Precautionary Measures Can Still Proceed
Even while the civil case is on hold, a party can still request emergency relief — most commonly a travel ban or asset freeze — to prevent the other side from hiding assets or fleeing the country while waiting for the criminal outcome.
Example: During the suspension of a civil fraud case, the victim can still ask the civil court to freeze the defendant’s bank account so that money is preserved for when the civil case resumes.
Exceptions Explained
Exception 1: Criminal conviction in absentia + expired appeal period
If the criminal court issues a guilty verdict even without the defendant present (in absentia), and the time window to appeal that verdict has passed, the civil case is unblocked and can move forward.
Example: The criminal court convicts the defendant of fraud even though he never appeared. After 30 days (the appeal window), no appeal is filed. The civil court can now resume the related civil lawsuit.
Exception 2: No Automatic Pause for Unrelated Complaints
Filing any criminal complaint does not automatically freeze your opponent’s civil case. The relevance must be assessed by the judge.
Example: If a defendant in a civil contract dispute files a random defamation complaint against the plaintiff to delay proceedings, the civil court will likely find no connection and refuse to suspend.
Exception 3: Early Termination of Criminal Proceedings
If the criminal case ends early — for instance, because the complainant waives their complaint (common in financial disputes under UAE law) — the civil case either resumes or is transferred.
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Example: In a cheque or embezzlement and fraud case, the victim and accused settle privately. The victim withdraws the criminal complaint. The related civil case is then resumed or re-evaluated independently.
How to File for Suspension of Civil Proceedings
To request suspension of civil proceedings in Dubai due to a related criminal case, file a motion with the civil court.
The court mandates suspension under Federal Decree-Law No. 42/2022 (Civil Procedure Code) Article 104 if the civil judgment depends on a criminal outcome, often triggered by Article 29 of Criminal Procedure Code No. 38/2022.
Here’s a visual overview of the process, followed by a detailed walkthrough:
Step-by-Step Breakdown with Examples
Step 1 — Prepare the Written Application (Memorandum)
This is a formal legal document, not a casual letter. It must contain three things:
- The criminal case number — so the civil court can verify the criminal case exists and is active.
- A clear explanation of the overlapping facts — exactly how the criminal case and civil case share the same events.
- Evidence of dependency — why the civil court cannot decide its case without waiting for the criminal outcome.
Example: You are suing a business partner in civil court for taking your share of profits. You’ve also filed a criminal embezzlement complaint against him. Your memorandum would state: “Criminal Case No. X/2024, filed with Dubai Public Prosecution, involves the same defendant and the same transfers of company funds that are the subject of the civil claim. The civil court cannot determine whether funds were improperly diverted without the criminal court’s findings on intent and fraud.”
Step 2 — Submit to the Case Management Office
The application must be filed before the next civil court hearing. If you miss the hearing, you lose the opportunity to raise it at that session and may need to wait for the next one.
Example: Your next civil hearing is on 15 April. You must submit the memorandum to the Case Management Office before that date — ideally a week in advance — so it is registered, assigned a reference number, and processed in time.
Step 3 — Serve the Other Party
The opposing party has a legal right to know about your motion and respond to it. You cannot file secretly. Service is done either through the court’s official process server (bailiff) or through the court’s approved electronic notification system (increasingly used in Dubai).
Example: The court process server delivers a copy of your memorandum to your business partner’s registered address. He then has the opportunity to file a counter-argument before the hearing, arguing the two cases are not connected.
Step 4 — Court Hearing and Decision
At the next hearing, the judge reviews both sides’ arguments. If satisfied that the civil outcome genuinely depends on the criminal verdict, the court issues a suspension order. This does not dismiss the civil case — it simply puts it on hold.
Importantly, even during suspension, you can still apply for:
- An asset freeze — preventing the defendant from selling property or moving money
- A travel ban — preventing the defendant from leaving the UAE
Example: The court suspends your civil profit-sharing case. Your lawyer simultaneously applies for a precautionary asset freeze on your partner’s company bank accounts, which the court grants — so funds cannot be drained while you wait for the criminal outcome.
Resumption — Once the Criminal Case Concludes
When the criminal court issues its final verdict and all appeal periods expire (or appeals are exhausted), either party — plaintiff or defendant — can file a simple resumption motion with the civil court. There is no automatic resumption; someone must formally ask.
Example: The criminal court convicts your business partner of embezzlement. He files an appeal, which is rejected after three months. You then file a resumption motion in the civil court. The court schedules the next hearing and the civil case picks up from where it stopped.
Key Takeaway
The entire mechanism exists to prevent two courts from reaching contradictory decisions on the same underlying facts. The criminal court’s finding — guilty or not guilty — effectively sets the factual foundation on which the civil court then calculates damages or decides liability.
Since outcomes depend heavily on the specific judge and exact facts of your case, engaging a Dubai-based lawyer to draft the memorandum and appear at the hearing is strongly advisable. Call Lawyers at +971506531334 +971558018669
