Dubai Court of Cassation Affirms the “Without Prejudice” Principle in Settlement Negotiations
Dubai Court of Cassation Recognizes the “Without Prejudice” Principle — A Defining Step in the UAE’s Legal Evolution
In Case No. 486/2024 (Commercial Cassation), the Dubai Court of Cassation has, affirmed that:
“Statements made during settlement negotiations shall not be treated as admissions or evidence against the party who made them.”
This marks a significant progression in the UAE’s courts jurisprudence — reflecting an increasing judicial openness to principles of confidentiality and good-faith negotiation traditionally observed in common law systems.
The judgment is widely seen by leading law firms as a milestone that enhances the predictability and sophistication of dispute resolution within the region.
As the UAE’s legal landscape continues to evolve, this development highlights the growing importance of strategic negotiation, measured advocacy, and a principled approach to resolving conflicts — values that continue to define the region’s most sophisticated legal practice.
🔹 Practical Note:
While this precedent marks a positive shift, parties should remain mindful to structure their settlement communications clearly, confidentially, and within a “without prejudice” context — safeguarding open dialogue while minimizing legal risk.
As Ibrahim AlQassim & Partners Law Firm, we continue to counsel our clients on structuring settlement strategies that align with this judicial evolution — combining discretion, legal precision, and strategic foresight to achieve resolution with confidence and integrity
