If you’re seeking to challenge a court decision in the UAE, it’s important to understand the appeal process. At its core, appealing a court decision involves filing a formal request to have the decision reviewed by a higher court. In this guide, we’ll walk you through the steps of how to appeal a court decision in the UAE, including the deadlines for filing an appeal, what documents you’ll need, and what to expect throughout the process. Whether you’re facing a civil or criminal case, our comprehensive guide on How to Appeal a Court Decision in the UAE will give you the information and guidance you need to navigate the system and fight for your rights.
Structure of Courts in the UAE
The United Arab Emirates (UAE) has a federal court system that is composed of three levels of jurisdiction: the Federal Supreme Court, the Federal Courts of Appeal, and the Federal Lower Courts. This article will discuss the structure and functions of each court in the UAE.
The Federal Supreme Court is the highest court in the country and is located in Abu Dhabi. It serves as the final court of appeal for civil and criminal cases and has the power to interpret the UAE Constitution. The court is composed of nine judges who are appointed by the President of the UAE and are subject to confirmation by the Federal National Council. The court has the power to review decisions made by lower courts and to make final rulings on cases that involve federal law or involve questions of constitutionality.
The Federal Courts of Appeal are located in each of the seven Emirates and serve as the intermediate appellate court for both civil and criminal cases. The court is composed of three judges and has the power to hear appeals from the Federal Lower Courts. The court may also hear appeals from administrative decisions made by government agencies. The court has the power to review decisions made by lower courts and to make final rulings on cases that involve federal law or involve questions of constitutionality.
The Federal Lower Courts are the trial courts in the UAE and are located in each of the seven Emirates. The court has jurisdiction over both civil and criminal cases and is responsible for hearing cases and making initial decisions. The court is composed of a single judge and has the power to hear testimony, receive evidence, and make final decisions in cases that do not involve federal law or questions of constitutionality.
In addition to the federal court system, the UAE also has a separate court system for each of the seven Emirates. These courts have jurisdiction over cases that involve local laws and regulations and are responsible for hearing cases and making initial decisions. The court is composed of a single judge and has the power to hear testimony, receive evidence, and make final decisions in cases that do not involve federal law or questions of constitutionality.
In terms of jurisdiction, the federal courts have the power to hear cases that involve federal law or questions of constitutionality. The local courts have jurisdiction over cases that involve local laws and regulations. The federal courts have jurisdiction over cases that involve disputes between citizens or between citizens and the government. The local courts have jurisdiction over cases that involve disputes between citizens and businesses or between businesses.
The UAE has a civil law system that is based on the Napoleonic Code. This means that the law is written and published and is used as a basis for making legal decisions. The UAE legal system also recognizes customary law and the principles of Islamic law (Sharia). In cases where the written law is silent, the court may use customary law or Sharia to make decisions.
The court system in the UAE is designed to be efficient and accessible to all citizens. The court system is staffed by trained and experienced judges and is equipped with modern technology to facilitate the resolution of disputes. The court system also provides free legal aid to individuals who are unable to afford a lawyer.
What is the court of appeal in the UAE?
The Court of Appeal is responsible for reviewing decisions made by the Court of First Instance, but only in certain circumstances. According to Article 158 of the Federal Law No 11 of 1992, also known as the Civil Procedures Law, the following types of decisions can be appealed:
- Decisions made by the Court of First Instance that violate public policy or are invalid due to errors in judgment or procedure.
- Decisions that contradict a prior decision that has not yet acquired res judicata effect. In such cases, the prior decision is automatically considered to be appealed along with the current decision.
How to initiate an appeal with the Court of Appeal in the UAE?
To initiate an appeal, the appellant must file a pleading within 30 days of the decision being issued. This deadline can be extended if specified by the statute. The pleading must include the details of the decision being appealed, the grounds for the appeal, and information about the litigants involved. In addition, the appellant must deposit a security amount with the treasury. This requirement is outlined in Article 162 of the Civil Procedures Law.
According to Federal Law No 35 of 1992 (Criminal Procedural Law), both the accused and the public prosecution have the right to appeal the judgements made by the criminal courts of first degree through Article 230. It is important to note that any verdict that sentences a death penalty is automatically considered to have been appealed and its execution is postponed. The appeal must be filed within 15 days from the date of the verdict for the accused and within 30 days for the public prosecution, according to Article 234 of the Criminal Procedural Law.
In the event that the Court of Appeal identifies any errors in the judgment or procedures of the court of first instance, it has the power to annul the decision based on Articles 166 of the Civil Procedures Law and 242 of the Criminal Procedures Law. For criminal matters, the court may re-judge the case, while for civil matters, it may decide the appropriate action to take. In some cases, the matter may also be referred back to the court of first instance.
Can decisions of court of appeal in the UAE be contested further?
The decision of the Court of Appeal can also be appealed to the Cassation Court through Article 173 of the Civil Procedures Law in the following situations:
- If the appealed judgment was based on a violation of the law or a mistake in its application or interpretation.
- If there was a nullity in the judgement or procedures that affected the judgment.
- If the appealed judgment was issued in contravention of the rules of jurisdiction.
- If the dispute was resolved contrary to another decision which was issued in the same subject-matter among the same litigants and has acquired the force of res judicata.
- If the decision lacked reasons, was inadequate, or was ambiguous.
- If the decision ruled on matters not requested by the litigants or more than what was requested.
The Criminal Procedures Law provides a clear framework for appealing final judgments made by the Court of Appeal in criminal matters, whether they relate to a felony or misdemeanor. If the decision is deemed to have been based on a violation of the law, a mistake in its application or interpretation, is void or has nullities in the procedures affecting the judgment, or if it lacks justification or is insufficient or obscure, it can be appealed before the Cassation Court.
Furthermore, according to Article 256, even if the parties have relinquished their right to challenge the decision or have filed a challenge but it was not accepted, the public prosecutor may still challenge the judgment before the Cassation Court if it is deemed to have been based on a violation, misapplication or misinterpretation of the law.
It is important to note that the grounds for appeal before the Cassation Court are well defined in the Criminal Procedures Law and must be adhered to in order for the appeal to be accepted.
In conclusion, when faced with a challenged decision, it is advisable to seek the services of an experienced lawyer who has the necessary expertise to handle these complex matters and ensure optimal results.
NEED HELP WITH APPEALING?