Damages Affidavit Template for the United Arab Emirates
Generate a bespoke document
What is a Damages Affidavit?
The Damages Affidavit is a critical legal instrument in the UAE legal system, used when individuals or organizations need to formally document and claim damages in civil or commercial disputes. This document type must comply with UAE Federal Law No. 5 of 1985 (Civil Code) and Federal Law No. 11 of 1992 (Civil Procedure Code). A Damages Affidavit typically includes detailed descriptions of incidents, itemized damage calculations, supporting evidence, and expert testimonies where relevant. It serves as a formal record of losses and is commonly used in court proceedings, insurance claims, construction disputes, and various commercial conflicts. The document must be sworn before appropriate legal authorities and often forms part of larger legal proceedings or settlement negotiations.
Frequently Asked Questions
Is a Damages Affidavit legally binding in the United Arab Emirates?
Yes, a properly executed Damages Affidavit is legally binding in the UAE under Federal Law No. 11 of 1992 (Civil Procedure Code). The document must be sworn before a notary public or competent authority and comply with UAE legal requirements. Once submitted to court, it serves as formal evidence of your claimed damages and losses.
Can my case be dismissed if my Damages Affidavit is incomplete in UAE court?
Yes, incomplete or improperly prepared Damages Affidavits can result in case dismissal or damages being reduced by UAE courts. The document must include detailed incident descriptions, itemized damage calculations, and supporting evidence as required under Federal Law No. 11 of 1992. Missing critical information weakens your legal position significantly.
How must damages be calculated in a UAE Damages Affidavit?
Under UAE Federal Law No. 5 of 1985 (Civil Code), damages must be calculated based on actual losses, lost profits, and direct consequences of the breach or incident. All amounts must be itemized with supporting documentation such as receipts, invoices, or expert valuations. Speculative or punitive damages are generally not recognized in UAE civil law.
How is a Damages Affidavit different from a regular insurance claim in the UAE?
A Damages Affidavit is a sworn legal document for court proceedings under UAE civil law, while insurance claims are contractual matters between you and your insurer. The affidavit requires notarization and strict compliance with Federal Law No. 5 of 1985, whereas insurance claims follow policy terms and procedures established by the insurance company.
How long does it typically take to prepare a Damages Affidavit in the UAE?
Preparation time varies from 1-2 weeks for simple cases to several months for complex commercial disputes. Gathering supporting documentation, obtaining expert valuations, and ensuring compliance with UAE legal requirements takes time. Rush preparation often leads to errors that can compromise your case in UAE courts.
Can I include future lost profits in my UAE Damages Affidavit?
Yes, but future lost profits must be reasonably certain and calculable under UAE Federal Law No. 5 of 1985 (Civil Code). You must provide concrete evidence such as historical financial records, contracts, or expert testimony to support future loss claims. Speculative or uncertain future profits are typically not recoverable in UAE courts.
Which common mistakes invalidate Damages Affidavits in UAE courts?
Common mistakes include failing to notarize the document properly, lacking itemized damage calculations, including speculative damages, and missing supporting evidence. Additionally, using incorrect legal terminology or failing to comply with Federal Law No. 11 of 1992 procedural requirements can invalidate the affidavit and weaken your case.
About the Damages Affidavit
A Damages Affidavit is a sworn legal document that enables you to formally declare and substantiate financial losses, property damage, or other harm suffered in civil or commercial disputes. Under United Arab Emirates law, this document serves as crucial evidence in legal proceedings and must meet specific requirements established by UAE federal legislation.
When do you need this document?
You need a Damages Affidavit when pursuing compensation through UAE courts or insurance claims. Common scenarios include construction defects causing property damage, breach of contract resulting in financial losses, personal injury claims requiring medical expense documentation, and commercial disputes involving lost profits or damaged goods. The document is also essential when negotiating settlements outside court, as it provides formal documentation of your claimed losses. Insurance companies typically require sworn affidavits for significant claims, and UAE courts expect detailed damage documentation supported by oath statements when adjudicating compensation disputes.
Key legal considerations
Your affidavit must contain precise identification details including your Emirates ID or passport number, as required under UAE verification procedures. The document should include a chronological narrative of events leading to damages, detailed descriptions of specific losses with supporting calculations, and itemized breakdowns of all claimed amounts. Expert witness statements may be necessary for technical assessments, particularly in construction or professional negligence cases. You must ensure all supporting documentation is authentic and properly translated into Arabic if originally in another language. The affidavit becomes a binding legal statement once sworn, making accuracy critical as false declarations can result in perjury charges under UAE law.
Legal requirements in United Arab Emirates
UAE Federal Law No. 5 of 1985 (Civil Code) governs the principles of compensation and establishes your right to seek damages for proven losses. The Civil Procedure Code (Federal Law No. 11 of 1992) sets formal requirements for court submissions, mandating that affidavits meet specific formatting and content standards. Your affidavit must be executed before a Commissioner of Oaths, Notary Public, or other authorized legal authority as specified in UAE evidence law. The document requires proper attestation and may need additional authentication for use in certain emirates or federal courts. All monetary claims must be calculated in UAE Dirhams unless specifically agreed otherwise, and supporting evidence such as receipts, contracts, and expert reports must accompany the affidavit to establish the validity of your damage claims.
GOVERNING LAW
Applicable law
This Damages Affidavit is drafted to comply with United Arab Emirates law. Key legislation includes:
UAE Civil Procedure Code (Federal Law No. 11 of 1992): Establishes procedural requirements for court submissions, including affidavits, and outlines the formal requirements for legal documents submitted to UAE courts
UAE Law of Evidence in Civil and Commercial Transactions (Federal Law No. 10 of 1992): Governs the rules of evidence, including requirements for sworn statements and documentary evidence in civil matters
UAE Federal Law No. 28 of 2005 (Personal Status Law): Relevant for verification of personal capacity to make sworn statements and legal declarations
UAE Notary Public Law (Federal Law No. 22 of 1991): Governs the authentication and notarization requirements for affidavits and legal declarations in the UAE
Explore 208,390+ legal templates
Explore 208,390+ legal templates
Genie's Security Promise
Genie is the safest place to draft. Here's how we prioritise your privacy and security.
Your data is private:
We do not train on your data; Genie's AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it