Appealing Commercial Cases in the UAE Many people wonder about the possibility of appealing commercial cases in the UAE. The Ministry of Justice has established specialized commercial courts to resolve disputes between merchants, companies, and partners, as well as to monitor violations and punish their perpetrators. Commercial cases are among the clearest in terms of causes and outcomes, making a decision on them relatively straightforward and uncomplicated.
Appealing Commercial Cases in the UAE
The UAE Ministry of Justice has established specialized courts for commercial appeals. These courts are a second-degree level and handle appeals of commercial judgments issued by the Commercial Courts of First Instance.
An appeal in a commercial case is filed with the Commercial Court of Appeals, where the dispute is reviewed and debated again, just like in other appeal courts.
The court then issues a new judgment, either rejecting the appeal and upholding the original ruling, or reversing it, or it may simply modify it.
If you need a consultation regarding appealing commercial cases in the UAE, you should contact Samaha Legal Consultancy.
The Commercial Court System for Appeals
The executive regulation of the commercial courts system aims to keep pace with the latest developments in international commercial laws, simplify procedures, and improve their quality.
Additionally, the system seeks to shorten the time spent on litigation, enhance the quality of commercial judicial outcomes, activate alternative dispute resolution methods, and leverage the role of the private sector and the concept of case management to avoid the need for appealing commercial cases.
The UAE commercial courts system has identified nine types of lawsuits, and electronic evidence is considered a valid form of proof, provided its authenticity and method of submission can be verified.
The courts are also specialized in applying intellectual property regulations, in addition to all claims for damages resulting from cases previously heard by the court. They also have jurisdiction over violations stemming from other commercial regulations and all requests related to court-appointed trustees, custodians, experts, and liquidators when the dispute is related to a case under the court’s jurisdiction.
The Commercial Courts of First Instance include a set of partial and general divisions, in addition to a Court of Appeals and a conciliation and mediation committee that works to provide amicable solutions to disputes.
The Commercial Appeal Lawsuit in the UAE
A lawsuit for appealing a commercial case can be filed by the party who is dissatisfied with the judgment of the Commercial Court of First Instance.
The role of the appeal is to bring the case to the state it was in before the appealed judgment, and this applies only to the specific parts that were appealed.
The Commercial Court of Appeals will review the appeal based on the new evidence, proofs, and defense arguments submitted to it, as well as those previously presented before the Court of First Instance.
It is important to note that only the party against whom the judgment was issued has the right to challenge the ruling and file an appeal.
Therefore, an appeal will not be accepted from any person who implicitly or explicitly accepts the judgment of the Court of First Instance.
The period for challenging first-instance judgments before the Court of Appeals begins the day after they are issued, unless the law stipulates otherwise. The UAE law sets the appeal period at 30 days, unless otherwise specified, and 10 days for urgent cases.
Failure to adhere to the designated deadlines for appealing the judgment results in the forfeiture of the right to appeal.
Objecting to an Appeal Ruling in Commercial Cases in the UAE
Article 173 of the Civil Procedures Law states that an objection can be filed against a ruling issued by the Court of Appeals if the case value exceeds AED 200,000 or if its value is not estimated, in one of these cases:
- If the appealed judgment is based on a violation or misinterpretation of the law.
- If there is an invalidity in the judgment or one of its procedures that affects its outcome.
- If the challenged judgment violates the rules of jurisdiction.
- If the judgment lacks reasoning or its reasoning is insufficient.
- If the judgment orders something not requested by the opponent or exceeds their request.
- If the judgment on the dispute contradicts another final judgment previously issued in the same matter between the same opponents.
What Are the Reasons for Appealing Commercial Cases in the UAE?
- The appeal lawsuit was not filed within the specified deadline.
- The plaintiff has no legitimate interest in challenging the ruling.
- The plaintiff or the defendant in the appeal lack legal capacity.
- The appellant has explicitly or implicitly accepted the original judgment.
- The appealed judgment is not a first-degree ruling or one that is eligible for appeal.
When is an Appeal Filed in Commercial Cases in the UAE?
A lawsuit for appealing a commercial case is filed by submitting a statement of appeal starting from the day after the judgment of the Court of First Instance is issued.
The designated period for filing the appeal is 30 days.
We have clarified all matters concerning appealing commercial cases in the UAE. If you need legal advice, Samaha Legal Consultancy is your best choice. Contact us