In the United Arab Emirates, judicial proceedings before the onshore courts are structured into three stages, in accordance with Federal Decree-Law No. (42) of 2022 on the issuance of the Civil Procedure Law (the CPL); the Court of First Instance, the Court of Appeal and the Court of Cassation.
The Court of Cassation is the highest and final level of appeal. It reviews challenges to judgements issued by the Courts of Appeal. Notably, its jurisdiction is limited to examining questions of law—specifically, the correct application and interpretation of legal rules—without reassessing the factual findings of the dispute.
One of the defining characteristics of the judgements issued by Court of Cassation is that they, in principle, bring the dispute to a final conclusion. Once a judgement is issued by the Court of Cassation, no further appeals through ordinary means are permitted. However, despite this general rule, the UAE CPL provides narrow and exceptional grounds upon which a party may request the Court of Cassation to reconsider its judgement.
Article 190 of the CPL permits a party to submit a request for reconsideration to the Court of Cassation that issued a final judgement, provided certain conditions are met. These conditions include:
- Procedural irregularity: Where the judgement was affected by a procedural error committed by the court or its staff, which materially impacted the outcome.
- Application of repealed legislation: Where the judgement was based on a law that had been repealed, and applying the correct law would have resulted in a different judgement.
- Violation of judicial principles: Where the judgement contradicts established principles adopted by the court’s previous decisions or by the unified judicial authority, without appropriate reference to or alignment with settled jurisprudence.
The Court of Cassation applies a particularly strict and cautious approach when reviewing reconsideration requests. As a result, such requests are frequently rejected, reinforcing the final and binding nature of the court’s judgements.
A successful re-consideration application
In a recent case on which Clyde & Co LLP advised, the Dubai Court of Cassation granted a request for reconsideration and agreed to re-hear the case with a different panel of judges from those who initially adjudicated it.
The petition was based on the argument that the court’s earlier judgement had relied on the reasoning (motives) of the Court of Appeal’s judgement rather than on its dispositive (operative) part. This was in violation of the well-established principle according to which only the operative part of a judgement carries binding authority. It was therefore argued that the reliance on non-binding reasoning constituted a clear departure from established jurisprudence, justifying reconsideration under Article 190 of the CPL.
The Court of Cassation accepted the legal argument raised in the petition, finding that the prior judgement had indeed violated the established jurisprudence. Accordingly, the court reversed its earlier position and issued a revised judgement.
Conclusion
The final and non-appealable nature of judgements issued by the Court of Cassation plays a vital role in ensuring the efficiency of the legal system. However, the UAE CPL provides an exceptional mechanism to balance the finality of such judgements with adherence to the rule of law. While reconsideration petitions are rarely successful, they remain an available legal avenue in cases involving clear procedural or legal errors.
To discuss the points raised within this article, or for additional information contact Sherif Maher or Abdelmajid Alsalous.
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