We have recently reported on the possibility to apply for a reconsideration of a final judgment of the Court of Cassation in the UAE in exceptional circumstances (see our previous article). While reconsideration petitions are rarely successful, they remain an available legal avenue in cases involving clear procedural or legal errors. We had reported that  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 General Assembly of the Dubai Court of Cassation has now further extended the cases in relation to which a reconsideration may be filed.

Final Cassation judgments & Cassation judgments referring the matter back to the Court of appeal 

Under the law, once a cassation appeal is admitted, the Court of Cassation may either adjudicate the merits of the case itself—if the matter is ready for final judgment—or refer it back to the Court of Appeal to adjudicate the issues that were the subject of the cassation ruling. As debate arose on whether a reconsideration request may be admitted against a cassation judgment that only reversed the appellate judgment and referred the case to the Court of Appeal for re-examination, without deciding on the merits of the case itself.

Historically, the Dubai Court of Cassation adopted the view that reconsideration requests in such cases were inadmissible, on the grounds that a judgment reversing and remanding a case is not considered final or binding with respect to the subject matter of the dispute, and thus, cannot be challenged by way of reconsideration. However, the Abu Dhabi Court of Cassation adopted a different interpretation, considering that a reconsideration request is permissible even when the case is referred back to the court of Appeal, provided that the Court of Cassation has ruled on a specific legal issue that becomes binding on the court which is reconsidering the matter.

Given the divergence in judicial approaches, the matter was brought before the General Assembly of the Dubai Court of Cassation, which issued a landmark decision on 18 June 2025, settling the legal controversy.

The General Assembly, adopting a similar position to that of the Abu Dhabi courts, held that a cassation judgment that reverses and refers a case back to the Court of Appeal may be subject to reconsideration if it includes a legal ruling on a substantive issue which becomes binding on the court reconsidering the matter. The General Assembly further clarified that in such circumstances the reconsideration request must be submitted before the Court of Appeal that is reconsidering the matter issues its judgment.

Moreover, the General Assembly ordered the Court of Appeal reconsidering the matter to stay the proceedings upon submission of a reconsideration request, until the Court of Cassation issues its decision on the request.

Conclusion

This position taken by the General Assembly of the Dubai Court of Cassation constitutes a significant development in the interpretation of Article (190) of the Civil Procedure Law. It recognizes the admissibility of reconsideration requests even in cases which are being reconsidered by the Court of Appeal. This approach strengthens the protection of litigants’ rights and offers an additional protection against serious legal errors before a final judgment is issued on the merits by the Court of Appeal reconsidering the matter.