Appeals in UAE Law, If a lawsuit has been filed before a court of first instance and a judgment has been issued, the litigants can appeal the judgment in accordance with UAE law.

Appeals in UAE Law

An appeal in UAE law exists for cases that have been heard before courts of first instance, whether they are criminal, civil, commercial, or financial.

The provisions for appeals in UAE law are found in both the UAE Civil Procedures Law and the UAE Criminal Procedures Law. The rules for appeals in both laws can be considered the applicable rules for any criminal or civil lawsuits.

Definition of an Appeal in UAE Law

An appeal in UAE law is a challenge filed by one of the litigants—either the one who won or lost the case—against a judgment issued by a court of first instance. The appeal is filed before a Court of Appeals, which is classified as a second-degree court, within the specific legal timeframe.

The term “court of first instance” refers to the court where a lawsuit is initially filed. Primary courts are considered to have general jurisdiction and hear all types of lawsuits, except for those specifically exempted by a special law.

Within any judicial circuit, there is a court of first instance and a Court of Appeals. This also applies to personal status courts, labor courts, criminal courts, commercial courts, and other types of courts affiliated with the UAE Ministry of Justice.

When Is It Permissible to File an Appeal in UAE Law?

Many litigants wonder whether they have the right to appeal and when they can do so.

This question can be answered by referring to Federal Decree-Law No. 42 of 2022, which issued the UAE Civil Procedures Law. The required conditions for an appeal in UAE law are as follows:

• The appeal must be filed against a final judgment. It is not permissible to appeal judgments issued during the course of a lawsuit, except for temporary and urgent judgments.
• The judgment must be legally appealable. Some judgments cannot be appealed if the value of the lawsuit or dispute is negligible.
• The appeal must be filed within the legal timeframe, which is 30 days from the day after the judgment is notified to the losing party.
• The appeal is only accepted from the winning or losing party, or their authorized representative.
• There must be a substantive reason for the appeal.

 Types of Appeals in UAE Law

The type of appeal varies depending on the type of court of first instance that issued the judgment, whether it is criminal, labor, civil, commercial, administrative, or personal status.

• Appeals in Criminal Cases The method for appealing judgments issued by criminal courts is explained in the UAE Criminal Procedures Law. This is done within 15 days from the date the judgment is pronounced in the defendant’s presence, or from the date of the opposition judgment, or from the date the judgment is notified to the absent litigant.
• Appeals in Labor Cases The UAE Labor Law specifies how to resolve individual disputes arising from the application or non-application of the law. This includes outlining how to file labor disputes and complaints and how to handle all the details of appeals in labor cases.
• Appeals in Personal Status Cases The personal status courts in the UAE have jurisdiction from the beginning of lawsuits arising from the application of the UAE Personal Status Law. Consequently, the rules for appeals in personal status cases are the same as those in the UAE Civil Procedures Law and its amendments. Litigants must file the appeal within 30 days from the date the judgment is notified, before the appellate Personal Status division of the Court of Appeals.
• Appeals in Drug-related Cases According to Federal Decree-Law No. 30 of 2021 concerning the combatting of narcotics and psychotropic substances, drug-related cases are classified as felonies and misdemeanors based on the prescribed penalty.
• The UAE Anti-Narcotics Law grants the federal courts in Abu Dhabi jurisdiction to hear cases related to drug trafficking and promotion, which are considered felonies. Appeals are filed according to the rules of this law, within 15 days from the date the judgment is pronounced in the defendant’s presence, or from the date of the opposition judgment, or from the date it is notified to the absent convicted party.
• Appeals in Civil Cases Civil lawsuits filed by litigants against each other, whether related to contractual obligations or personal liability for actions causing harm to others, are heard before courts of first instance (primary and reconciliation courts) according to the rules of local and subject-matter jurisdiction. The judgments issued in these cases are appealable before the competent Civil Court of Appeals within 30 days from the date the judgment is notified to the losing party.
• Appeals in Compensation Cases Appeals in compensation cases fall under the category of civil lawsuits. This is because most compensation lawsuits arise either from a wrongful act that causes harm to others, in accordance with the provisions of tort liability, or from a crime heard before a criminal court. A judgment issued in a compensation case is appealable according to the rules of the UAE Civil Procedures Law.
• Appeals in Administrative Judiciary Appeals in administrative judiciary in UAE law refer to all cases related to administrative disputes where a state department is a party. The courts that hear these lawsuits can change depending on the type of lawsuit filed.
• Appeals in Commercial Cases A lawsuit or case can be classified under appeals in commercial cases if it arises between merchants or companies and involves commercial activities. We have presented everything related to appeals in UAE law. If you need a legal consultation in the UAE, you should contact us at Samaha Legal Consultancy.contact us