Kurdish Studies

ISSN: 2051-4883 | e-ISSN: 2051-4891
Email: editor@kurdishstudies.net

The Extent to which the Supreme Courts in the United Arab Emirates can Revoke their Final Decisions and Judgements

Dr. Mhd Samer Al Kattan
Private Law Department, College of Law, University of Umm Al Quwain, Emirate of Umm Al Quwain, United Arab Emirates
Keywords: Revoking Court’s Decision, Judgement Repeal, Cassation, Supreme Courts, Judicial Judgement reconsideration..

Abstract

Recently, the UAE legislator allowed the Supreme Courts in the country to revoke their final decisions and judgements, despite the principle of exhaustion of court jurisdiction on matters they have previously ruled upon. However, this reversal is subject to specific conditions and procedures mainly outlined in the Civil Procedure Law. Therefore, this research aims to elucidate the legislative basis for this revocation, study its cases, reasons, and procedures, and subsequently assess its impact on the stability of rights and legal positions established by these decisions and judgements. Due to the novelty of the UAE legislative texts that stipulate this revocation, the research adopts analytical and contextual methods to interpret and compare these texts. It also includes presenting relevant jurisprudential opinions and judicial interpretations concerning this matter. The research concludes that a request for revocation can be made by the Supreme Court that issued the decision or judgement itself or by the party against whom the decision or judgement was rendered. This is applicable in cases where the decision or judgement is based on a substantial procedural error, relies on an annulled legal provision, or contravenes any established judicial principles in the country. The research recommends repealing the legislative texts that allowed for this revocation due to their negative impact on litigants' confidence in final judicial decisions and judgements. Instead, it suggests incorporating the newly established revocation cases into situations that permit seeking reconsideration in cases already decided by these courts.

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Keywords

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