UAE Civil Procedure Code

Article 113 — Article (113)

Part Seven: Suspension, Stay, Abatement, Prescription and Discontinuance of Legal Proceeding · Chapter Two: Abatement, Prescription and Discontinuance of Legal Proceeding

1. The Plaintiff may discontinue the legal proceeding based on a notice of discontinuance to be served upon the adverse party, under an explicit acknowledgment of discontinuance in a statement signed by the Plaintiff or his legal representative and served upon his adverse party, or through expressing the desire of continuance verbally at the hearing and recording the same in the hearing transcript. 2. No discontinuance of the legal proceeding shall take place after the Defendant has expressed its claims unless the latter's consent is obtained. However, the Defendant's objection to the discontinuance shall not be considered by the Court if the Defendant has objected to the jurisdiction of the Court, has requested referral of the case to any other Court, or has asserted invalidity of the statement of claim or inadmissibility of the legal proceeding on the grounds of res judicata or otherwise with the sole aim of precluding the Court for hearing the legal proceeding.

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