Business Corruption

Companies surveyed in the World Economic Forum Global Competitiveness Report 2010-2011 reveal that foreign companies have a medium to high perception of judiciary's independence, ranking UAE's judiciary just behind that of the USA. Further, out of 139 countries, the judicial system in the UAE ranks among the 25 most efficient in settling commercial and administrative disputes.

Political Corruption

The US Department of State 2011 reports that the judiciary is not independent from the government, as judges at federal level are appointed by the Ministry of Justice and in some emirates by the ruling families. The Bertelsmann Foundation 2010 also states that judges often take decisions which they know are in line with government policy.

This is echoed by the verdict in the case of Sheikh Issa bin Zayed Al Nayhan case, who is the brother of the present ruler of Abu Dhabi and of the Crown Prince. Issa was filmed torturing an Afghan grain merchant, the video can be found here. Issa was found not guilty on 10 January 2010.  The verdict has been criticised by Human Rights Watch and the US Government.

The majority of judges are foreign nationals who serve under renewable contracts. However, UAE national judges retain their position for life, unless they are subject to discipline for any misconduct. In cases of misfeasance, the Ministry of Justice can bring charges against judges who then face trial before a purely judicial body, as reported by the UNDP Programme of Governance in the Arab Region.

Frequency

The World Bank & IFC: Doing Business 2011:
- Enforcing commercial contracts requires 49 procedures, taking an average of 537 days and costing 26% of the claim.  UAE ranks very badly in this measure, 134th out of 183 countries.

World Economic Forum: The Global Competitiveness Report 2010-2011:
- Business executives give the independence of the judiciary from influences of members of government, citizens or companies a score of 4.9 on a 7-point scale (1 being 'heavily influenced' and 7 'entirely independent' with the average of the 133 countries covered being 4.0).

- Business executives give the efficiency of the legal framework in challenging government actions and/or regulations a score of 4.5 on a 7-point scale (1 being 'extremely inefficient' and 7 being 'highly efficient' with the average of the 139 countries covered being 3.7).

- Business executives give the efficiency of the legal framework in dispute settlement a score of 4.9 on a 7-point scale (1 being 'extremely inefficient' and 7 being 'highly efficient' with the average of the 139 countries covered being 3.8).