The Impact of Civil Case Management on Achieving Complete Justice in Comparative Legal Systems

Abstract

Civil case management (CCM) has become a key mechanism in modern legal systems, aiming to enhance litigation efficiency and achieve justice. This study examines the effectiveness of CCM in the United Arab Emirates (UAE) in comparison with the American legal system, which pioneered the concept. The research focuses on a hypothetical model based on the causal relationship between CCM and achieving complete justice. The model assumes that effective CCM generates interactions that improve the overall level of justice, provided it successfully fulfills its functions and objectives. This applied theoretical study is structured into three main sections. The first section examines the legal framework of the CCM and its connection to achieving justice. The second section analyzes the CCM's role in the litigation process. The third section presents findings from an applied field study conducted within the Emirati legal system, with comparative insights drawn from American law. The research evaluates the legal provisions introduced by the Emirati legislator in Civil Procedure Law No. (42) of 2022 and its predecessor, the amendment in Civil Procedure Law No. (10) of 2014, which established CCM in UAE courts. A comparison is drawn with the American Federal Civil Procedure Code, particularly since the United States was the first to implement CCM in its courts. The study's theoretical and practical hypotheses explore the relationship between CCM and justice, focusing on how its duties and tasks influence the conduct of civil cases and the speed of their resolution. The findings reveal that UAE law adopts a managerial approach by entrusting case management to court officials rather than judges, unlike American law, where a judge-led system is used. This difference reflects a limitation in the powers and tasks of case management in UAE courts. The applied field study confirms a significant connection between the effective performance of CCM and the achievement of justice under the civil procedure code. Based on these results, the study highlights the need for legislative amendments to enhance the efficiency and effectiveness of CCM in the UAE.

Keywords Civil case management, Civil procedure law, Private law