About the court
The Dubai Cassation Court was established in 1988 under Law No. (1) of 1988 AD, dated 6/2/1988 AD.It is the only Cassation Court at the emirate level and the highest in the judicial system, it works to unify the implementation of the law in the courts of Dubai. It does not re-adjudicate in disputes brought before lower courts, but rather monitors the extent to which judgements rendered by those courts comply with the law. Additionally, it has the right to decide on the dispute that is brought before it as a subject court and not a court of law, as the original is, if the dispute is brought before it for the second time.
Court formation
The Cassation Court is formed of a Court President and a sufficient number of Judges. In the absence of the Court President for any reason whatsoever, the most senior Judge of the Cassation Court will deputies for him.
ــThe Court is comprised of a number of Judicial Circuits, namely Commercial, Real Estate, Civil, Administrative, Labour, Personal Status, Punitive and Reversal of Judgement Circuit. These circuits will be established and formed, and their jurisdiction determined, pursuant to a resolution of the Court President. The number of Judges in each circuit must not be less than three.
Jurisdictions of the Cassation Court
The Court of Cassation considers the appeals brought before it against the judgements rendered by the Court of Appeal in civil, administrative, commercial, labour and personal status lawsuits, in accordance with value-based jurisdiction stipulated in law. The Court of Cassation, moreover, has the power to consider the judgements issued in criminal lawsuits, in terms of felonies and misdemeanors, as well as other jurisdictions provided for in laws.
The General Assembly of the Cassation Court
Decisions and Judgement Reversal Authority
There shall be formed at the Cassation Court an Assembly consisting of five (5) judges of the Court, other than the judges who participated in rendering the required judgement or decision to be vacated. The appointment of the judges shall be issued by a decision of the Court President. The Assembly shall consider applications for vacation of judgments and decisions issued by the Cassation Court in the following events:
a. if the decision or judgement is marred with a procedural irregularity committed by the Court or its assistant bodies, which affected the outcome reached by its decision or judgement.
b. If the decision or judgement is based on a revoked law, and the application of the valid law would alter the opinion in the lawsuit.
c. If the decision or judgement is issued in contravention to any judicial principles decided by the Assembly or Full Court, as the case may be, without presentation thereto; or in violation of the principles established by the Court or issued by the Federal and Local Judicial Principles Unification Authority.
The Assembly, having convened in the counselling room, shall issue a reasoned decision with the majority of four (4) judges, either rejecting the application for vacation of judgement or approving and referring it to another circuit for a new consideration and adjudication of the challenge.
The technical office at the Cassation Court
As the legislator is keen to document and publish the judgements of the Cassation Court so as to be known by those concerned with applying and studying the law, the Law of Judicial Authority stipulates that the Cassation Court shall have a technical office, composed of a president and a sufficient number of judges. The technical office shall have competence over the following:
1. Drawing up the legal principles and judicial rules which the Court has established in its judgments, presenting them to the Court President, tabulating and publishing them.
2. Preparing technical and legal research and studies.
3. Following up issuance of federal and local legislations on a monthly basis and provide them to the Court judges.
4. Preparing publications and directions issued by the Court President regarding the organization of judicial work at the Court.
5. Preparing reports on applications for reversal by Cassation Court Circuits of the judgments and decisions issued by them, as provided for in Article 190 of the Civil Procedures Law promulgated by Federal Decree-Law No. (42) of 2022.
6. Any other matter specified by the Court President of the Cassation Court.
Time to appeal before the Court
An appeal at the Cassation Court may be raised within 30 days, starting from the day following the issuing of the judgement pronounced in the presence of the parties or from the day following their notification of the judgement.
Fees payable to the Court
Appeals fees are paid in accordance with Local Fees Law applicable in Emirate of Dubai.