.png)
UAE Court of Cassation Clarifies the Finality of Its Judgments
- neetudc
- Jan 7
- 3 min read
Why Petitions for Reconsideration Are Strictly Limited Under UAE Civil Procedure Law
Finality is not an abstract concept in UAE litigation. It is a legal boundary, carefully guarded by statute and consistently enforced by the courts. A recent ruling of the UAE Court of Cassation reinforces this boundary with notable clarity, offering an important lesson for litigants and advisers who treat extraordinary remedies as routine procedural options.
The court was asked to examine a petition for reconsideration filed against a prior judgment of the Court of Cassation itself. Before any discussion of facts or merits, the court did what the law obliges it to do: it examined admissibility as a matter of public order.
That examination was dispositive.
Admissibility as a Matter of Public Order
Under UAE procedural law, the question of whether an appeal is legally permissible is not left to party strategy. It is a matter of public order, which the court must examine on its own initiative, even in the absence of objection.
This principle serves a clear purpose. It prevents procedural abuse, protects judicial hierarchy, and preserves the authority of final judgments. The court reaffirmed that it cannot proceed to consider substance unless the legal gateway to review is firmly established.
The Narrow Scope of Article 189
Article 189 of the UAE Civil Procedure Law is unequivocal. Judgments issued by the Court of Cassation are not subject to appeal by any means.
There is only one exception: where the Court of Cassation has ruled on the merits of the dispute, and even then, reconsideration is allowed solely in the limited circumstances set out in Article 171(1), (2), and (3).
The court took care to explain what qualifies as a judgment “on the merits,” removing a frequent source of misunderstanding in appellate practice.
A Cassation judgment is considered to have ruled on the merits only where the court:
decides the substantive right in dispute between the parties, as originally examined by the court of first instance;
accepts the appeal and resolves the subject matter because it is ready for determination; or
rules on the substance of the dispute when the appeal is brought before it for a second time.
These situations involve a definitive judicial determination of rights. Anything else does not.
What Cannot Be Reconsidered
The judgment draws a firm procedural line.
A petition for reconsideration is not permitted against Cassation judgments that:
reject an appeal,
declare an appeal inadmissible,
dismiss an appeal on procedural grounds, or
quash a judgment and remit the matter to a lower court.
Such rulings do not resolve the substantive dispute. They regulate procedure. As a result, they do not trigger the exceptional right of reconsideration.
Application of the Law to the Case
In the case before the court, the earlier judgment dated 14 October 2025 in Commercial Appeal No. 989 of 2025 had rejected the appeal. It did not determine the underlying commercial rights of the parties.
That fact alone was sufficient.
Because the Court of Cassation had not ruled on the merits, the petition for reconsideration was legally impermissible. No further analysis was required.
The Court’s Order
Sitting in its consultation chamber, the court ruled that:
the petition for reconsideration was inadmissible;
the petitioner must bear all court fees and expenses; and
the security deposit would be confiscated.
The ruling underscores that procedural missteps at the Cassation level carry real financial consequences.
Practical Significance for UAE Litigation
This judgment is a clear reminder that the Court of Cassation is not an additional tier of debate. Its procedural rulings are final, and attempts to reopen them through reconsideration applications will not be entertained unless the strict statutory conditions are met.
For commercial litigants, the lesson is straightforward. A petition for reconsideration is an exceptional remedy, not a tactical fallback. Filing one without satisfying Article 189 and Article 171 is not merely unsuccessful; it is costly.
In UAE litigation strategy, knowing when a judgment is truly final is as important as knowing how to appeal.
