Pavel Durov Granted Bail in France and Travelled to Dubai

A French court has granted permission for Pavel Durov, the founder of Telegram, to leave France and travel to Dubai. This decision, made on March 13, 2025, temporarily modifies the conditions of his judicial supervision, allowing him to depart the country for several weeks. Durov had been under restrictions following his arrest in August 2024 at Le Bourget Airport near Paris, where he faced charges related to alleged criminal activities on Telegram, including facilitating illegal content. He was released on a €5 million bail but was initially barred from leaving France. The court’s decision to allow his travel has sparked discussions about jurisdiction, privacy, and the responsibilities of tech leaders, particularly given Dubai’s lack of extradition agreements with many countries.

Dubai’s legal system is a complex and dynamic framework that reflects the emirate’s unique position as a global business hub within the United Arab Emirates (UAE). It operates as part of the UAE’s federal structure but maintains significant autonomy, allowing it to develop a distinct judicial system tailored to its economic and cultural needs. The backbone of Dubai’s legal system, like the broader UAE, is based on civil law principles, heavily influenced by French, Roman, and Egyptian legal systems. This is evident in the codification of laws, where statutes and codes serve as the primary sources of law, rather than judicial precedents, as is common in common law jurisdictions.

Legislative codes cover areas such as civil transactions, commercial activities, and criminal law. Sharia law plays a significant role, particularly in personal status matters (e.g., marriage, divorce, inheritance, and custody) for Muslims, as well as in certain criminal and financial contexts. The UAE constitution designates Sharia as a principal source of legislation, and Dubai’s courts apply Sharia principles where codified laws are silent or ambiguous.

Dubai introduced common law systems in specific financial free zones, such as the Dubai International Financial Centre (DIFC). These zones operate under a legal framework modeled on English common law, with their own courts, laws, and judges, primarily to cater to international businesses and investors familiar with common law jurisdictions. This creates a dual legal structure within Dubai, distinguishing it from other emirates. Dubai’s judicial system operates independently of the UAE federal judiciary, a choice permitted under the UAE constitution, which allows emirates to either join the federal court system or maintain their own local courts. Dubai, along with Abu Dhabi and Ras Al Khaimah, opted for the latter, establishing its own judicial framework.

The Dubai Courts, also known as the “onshore” courts, handle most civil, criminal, and personal status cases outside the free zones. These courts operate under a three-tier hierarchy: This is the primary trial court, divided into specialized divisions, including civil, criminal, commercial, real estate, labor, and personal status courts. Cases are typically heard by a single judge, though larger claims (e.g., over AED 10 million) may involve a panel of three judges. This court hears appeals from the Court of First Instance. Appeals must generally be filed within 30 days and are reviewed on both factual and legal grounds. A panel of three judges presides over cases.

As the highest court in Dubai, the Court of Cassation hears final appeals, but only on matters of law, not fact. Its decisions are binding on lower courts, though Dubai’s system does not formally recognize judicial precedent as binding in the common law sense. The Court of Cassation also supervises lower courts to ensure consistent application of the law. The Dubai Courts operate in Arabic, and all proceedings, filings, and judgments are conducted in the local language, requiring translation services for non-Arabic speakers. Legal representation must be provided by advocates licensed to practice in Dubai’s courts.

The DIFC Courts represent a parallel judicial system within Dubai, established to serve the DIFC, a financial free zone. These courts operate under a common law framework, with laws largely based on English law, and proceedings conducted in English. The DIFC Courts have exclusive jurisdiction over civil and commercial disputes involving DIFC entities, contracts performed within the DIFC, or cases where parties have opted into DIFC jurisdiction via contract. They do not handle criminal or personal status matters.

The DIFC Courts are divided into the Small Claims Tribunal (SCT) for claims under AED 500,000, the Court of First Instance, and the Court of Appeal. The Court of Appeal is the final authority within the DIFC, though jurisdictional disputes between DIFC and Dubai Courts may be referred to a Joint Judicial Committee. Unlike the Dubai Courts, the DIFC Courts rely on judicial precedents, allowing for a more predictable legal environment for international businesses. They also have the power to issue interim remedies, such as injunctions, which are not available in the Dubai Courts.

In the mainland Dubai Courts, judicial precedents are not formally binding, unlike in common law systems. However, decisions of the Court of Cassation are highly persuasive and often followed by lower courts, particularly on points of law. In contrast, the DIFC Courts operate on a precedent-based system, where higher court rulings are binding on lower courts, providing greater legal certainty for businesses. The Dubai Courts follow an inquisitorial approach, typical of civil law systems, where judges play an active role in investigating cases, appointing experts, and determining facts. This contrasts with the adversarial system in the DIFC Courts, where parties and their legal representatives drive the proceedings, and judges act as neutral arbiters.

The Dubai Courts have limited powers to grant interim remedies, such as injunctions, though they can issue precautionary measures like asset attachments or travel bans to preserve the status quo. The DIFC Courts, however, have broader powers, including the ability to issue injunctions, summary judgments, and other interim relief, making them more attractive for complex commercial disputes. Dubai has positioned itself as a hub for international arbitration, with institutions like the Dubai International Arbitration Centre (DIAC) offering alternative dispute resolution mechanisms. Arbitration is particularly popular among businesses seeking to avoid the formalities of court proceedings, and arbitral awards can be enforced through both Dubai and DIFC Courts, subject to certain conditions.

In the DIFC Courts, however, international lawyers can appear, provided they are registered with the DIFC, making it easier for foreign businesses to access legal services. Dubai’s legal system is designed to support its role as a global economic hub, balancing traditional values with modern commercial needs. As part of the UAE, Dubai is subject to federal laws in areas like immigration, labor, and criminal law, enacted by the federal legislature and overseen by the Federal Supreme Court in Abu Dhabi. However, Dubai has autonomy to enact local laws, particularly in areas like property, commerce, and free zone regulations, which are not reserved for federal jurisdiction.

Beyond the DIFC, Dubai hosts numerous free zones (e.g., Jebel Ali Free Zone, Dubai Multi Commodities Centre) with their own regulatory frameworks, often offering tax incentives and simplified business setup processes. While most free zones do not have their own courts, disputes may be referred to the Dubai Courts or, by agreement, the DIFC Courts. Dubai has implemented reforms to enhance its legal system’s appeal to investors, such as electronic case management systems, online marriage services, and the decriminalization of certain offenses (e.g., alcohol consumption in 2020). These changes reflect a pragmatic approach to balancing Sharia principles with global business practices.

The coexistence of Dubai Courts and DIFC Courts has led to jurisdictional disputes, particularly over the enforcement of judgments. The establishment of the Joint Judicial Committee in 2016 aimed to resolve such conflicts, but complexities remain. Non-Arabic speakers and those unfamiliar with civil law or Sharia principles may find the Dubai Courts challenging to navigate, due to language barriers and differing legal philosophies. This underscores the importance of local legal expertise. The legal system has faced scrutiny over issues like freedom of expression, with strict cybercrime laws criminalizing criticism of the government or religion, and the application of Sharia-based punishments in certain cases, though these are rare in practice.