If a lawsuit is filed before a court of first instance and a judgment is issued, the parties may appeal that judgment in accordance with UAE law. What is an appeal in this context? What are its procedures and types? Which judgments may be appealed, and what is the appeal period? You’ll find answers to these questions in our article today.
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table of contents:
- Appeal in UAE law.
- Definition of appeal.
- When may an appeal be filed?
- Appeal procedures in the UAE.
- Types of appeal.
- Appeal in criminal cases.
- Appeal in labor cases.
- Appeal in personal status matters.
- Appeal in drug cases.
- Appeal in civil cases.
- Appeal in compensation cases.
- Appeal in the administrative judiciary.
- Appeal in commercial cases.
- Frequently Asked Questions.
Appeal in UAE law.
Appeal in UAE law applies to all cases brought before first-instance courts, whether criminal, civil, commercial, or financial. Appeal provisions are defined in both the UAE Civil Procedure Code and the Criminal Procedure Code, and the rules governing appeals in both laws are the same as those applicable to all criminal and civil cases.
Definition of appeal
An appeal is a challenge filed by one of the parties, whether the judgment creditor or the judgment debtor, against a judgment issued by a first-instance court, before the Court of Appeal, which is considered a second-instance court, within the legal period specified for appeal.
By “first-instance courts,” we mean any court before which a lawsuit is filed. Primary courts have general jurisdiction to hear all types of lawsuits, except those exempted by special law.
In any judicial district specializing in a particular type of case, there is a court of first instance and a court of appeal. These districts include personal status courts, labor courts, criminal courts, as well as commercial courts and other courts affiliated with the UAE Ministry of Justice.
When can an appeal be filed?
Many litigants in court wonder about their right to appeal and when they can do so in the UAE.
In this context, Federal Decree-Law No. 42 of 2022, which promulgated the UAE Civil Procedure Code, stipulates the conditions for appeal as follows: The appeal must be filed after the issuance of the final judgment, meaning that judgments issued during the course of the case cannot be appealed, with the exception of interim and urgent judgments.
Appeals must be filed against judgments that are subject to appeal by law. Some judgments are not subject to appeal if the value of the claim or dispute is low. The appeal must be filed within the legal period specified after the issuance of the final judgment, which is 30 days from the day following the date on which the judgment was communicated to the convicted person. Appeals may only be accepted from the judgment creditor, the convicted person, or their representative. There must be a substantial reason to support the appeal.
Appeal procedures in the UAE
The appeal procedures in UAE law are as follows:
The appellant must appoint a specialized attorney to file the appeal before the competent appeals court. The attorney will prepare the appeal brief, which must include the names of the appellant and the respondent, the appealed judgment, its number and date, and the number and date of the case in which the judgment was issued. The facts of the appeal must also be clearly stated and supported by legal grounds and attached documents. The appeal requests must then be submitted.
The attorney files the appeal petition and deposits it with the Case Management Office of the Court of Appeal, where it is recorded in the designated register. The appeal may also be filed electronically. The attorney must submit copies of the appeal petition equal to the number of appellees, in addition to a copy for the Case Management Office.
The case management office of the court of appeal to which the appeal is filed must request the attachment of the initial case file starting the day following the date the appeal is filed. The case management office of the court of first instance must send the case file within a maximum of ten days from the date of the request, and this period is shortened to three days in urgent cases.
The respondent may file a cross-appeal up to the date of the first hearing for the exchange of memoranda and responses.
The Court of Appeal must consider the appeal based on the new evidence and arguments presented to it, as well as what was presented to the Court of First Instance.
The appeal judgment shall either uphold the judgment of the court of first instance, invalidate it and issue a new judgment, invalidate it in part and uphold it in part, or return the case to the court of first instance if the reason for invalidating the judgment relates to the notification of the statement of claim or lack of jurisdiction.
Types of appeal
Appeals under UAE law vary depending on the type of first-instance courts that issue judgments subject to appeal, whether criminal, labor, civil, commercial, administrative, or personal status.
Appeal in criminal cases
The UAE Criminal Procedure Code specifies the mechanism for appealing judgments issued by criminal courts. The appeal must be filed within 15 days from the date of the judgment issued in the presence of the party, from the date of the judgment issued in opposition, or from the date the judgment was notified to the party in whose absence the judgment was issued.
As for appealing labor cases, the UAE Labor Law outlines how to handle individual disputes arising from the application or non-application of the law. This includes the steps for filing labor disputes and complaints, as well as details for appealing these cases. The process must begin with the worker or employer filing a labor complaint with the Ministry within 30 days of the violation.
The Ministry must attempt to resolve the dispute amicably within 14 days of receiving the complaint. If it is unable to do so, the matter will be referred to the Labor Court.
After the labor court’s ruling is issued, it may be appealed in accordance with the same provisions and procedures stipulated in the UAE Civil Transactions Law.
Appeal in personal status
Personal status courts in the UAE are responsible for hearing cases related to the application of the UAE Personal Status Law. Therefore, the rules for appeal in personal status cases are consistent with the rules stipulated in the UAE Civil Procedure Code and its amendments. The parties concerned must file an appeal within 30 days from the date they are notified of the ruling, before the Personal Status Appellate Division of the Court of Appeal.
As for drug cases, they have been classified according to Federal Decree-Law No. 30 of 2021 regarding combating narcotic drugs and psychotropic substances into felonies and misdemeanors.AndBased on the prescribed penalties, the UAE’s anti-drug law limits jurisdiction to hearing cases related to drug trafficking and promotion to federal courts in the capital, Abu Dhabi, as these cases are considered felonies.
Drug cases are considered criminal cases subject to the new UAE Criminal Procedure Law No. 38 of 2022. Therefore, appeals against judgments issued in these cases are subject to the rules stipulated in this law. The appeal must be filed with the Court of Appeal within 15 days from the date of the judgment issued in the presence of the defendant, the date of the judgment issued in opposition, or the date the absent defendant was notified of the judgment.
To appeal in civil cases
Civil suits brought by individuals against each other include cases relating to contractual obligations or personal liability for actions that cause harm to others.
They are heard before first-instance courts, i.e., primary and conciliation courts, in accordance with the rules of local and subject-matter jurisdiction. The rulings issued in these cases are subject to appeal before the competent civil court of appeal, within 30 days from the date the ruling is announced to the convicted person.
Appeal in compensation cases
Appealing compensation claims is considered a part of civil litigation. Most compensation claims arise either as a result of a wrongful act that causes harm to others, under the provisions of civil tort liability, or as a result of a crime brought before criminal courts. Judgments issued in compensation cases may be appealed in accordance with the rules stipulated in the UAE Civil Procedure Law.
Regarding appeal in administrative judiciary
It includes all cases related to administrative disputes involving a government department. The courts competent to hear these cases vary depending on the type of case. For example, in the event of a dispute between a citizen and a municipality regarding the rental of land or property, jurisdiction falls to the Rental Disputes Settlement Committee, and the ruling issued by these committees may be appealed before the Rental Disputes Appeal Committee.
Appeal in commercial cases
A lawsuit or case is considered an appeal in commercial cases if it results from disputes between merchants of commercial capacity or companies, and is related to specific commercial activities.
First-instance courts have jurisdiction to hear commercial disputes in accordance with the jurisdictional rules stipulated in the UAE Civil and Commercial Procedures Law.
Therefore, appealing judgments issued by first-instance courts in commercial cases is considered an appeal, in accordance with the provisions of that law, as the parties must file the appeal within 30 days from the date on which they are notified of the judgment.
