The legal environment contains many judgments that may be issued as final rulings, not subject to ordinary means of appeal or review. However, despite this, some judgments may include fundamental errors or be based on inaccurate facts. Here, the petition for reconsideration in UAE law appears as an exceptional tool that allows reopening the judicial file under specific and limited circumstances.

Definition of petition for reconsideration in UAE law

The petition for reconsideration in UAE law is defined as an extraordinary appeal against final judgments that have become enforceable after exhausting ordinary means of appeal such as appeal and cassation.

The UAE Civil Procedures Law regulates the petition for reconsideration in UAE law with respect to civil, commercial, personal status, and labor judgments, while the Criminal Procedures Law governs it for criminal cases. The situations in which a petition for reconsideration in UAE law may be submitted are exclusively listed under Article (171) of the UAE Civil Procedures Law.

Cases of petition for reconsideration in UAE law

Article (171) provides seven specific cases where a petition for reconsideration in UAE law can be filed:

1. Fraud by the opponent that had a major effect on the judgment.

2. Judgment issued based on forgery, whether on documents or forged testimony.

3. Emergence of decisive documents withheld or hidden by the opponent.

4. Judgment issued beyond what the parties requested.

5. Contradiction in the judgment itself.

6. Failure to include a person against whom the judgment should be binding, with proven fraud, collusion, or gross negligence by the representative.

7. Judgment issued against a person who was not properly represented.

Competent court for petition for reconsideration in UAE law

According to the Civil Procedures Law:

• The petition for reconsideration in UAE law must be submitted to the same court that issued the judgment.

• If the judgment was issued by a Court of First Instance and became final, the petition is submitted to the same court again.

• The petition is registered following the usual procedures for filing cases.

Conditions for acceptance of petition for reconsideration in UAE law

For a petition for reconsideration in UAE law to be admissible, both formal and substantive conditions must be met:

1. Formal conditions:

   • Submission within 30 days of the legally defined period for each case.

   • The petition must contain all details of the judgment and the petitioner’s requests.

   • The judgment must be final and not subject to further ordinary appeal.

   • The petition must be filed with the court that issued the judgment.

2. Substantive conditions:

   • The case must fall under the seven exclusive circumstances of Article 171.

   • The petitioner must provide the reason and evidence, such as decisive documents.

   • Acceptance leads to a re-examination of the case and the issuance of a new ruling.

Procedural steps for petition for reconsideration in UAE law

1. Preparing the petition document including the judgment details and requests.

2. Submitting the petition to the same court that issued the judgment.

3. Depositing a security amount of AED 500, which may be confiscated if the petition is rejected.

4. The court examines the petition for reconsideration in UAE law first procedurally, then substantively. If accepted, the case will be heard again and a new ruling will be issued after hearing the parties.

Read more: Petition for Reconsideration

Reasons for rejection of petition for reconsideration in UAE law

The main reasons for rejection include:

1. Submitting before the judgment becomes final.

2. Filing to a non-competent court.

3. Missing the legal deadline.

4. Not citing one of the exclusive legal cases.

5. Failure to prove the grounds for reconsideration.

6. Repetition of a previously rejected petition.

Duration of petition for reconsideration in UAE law

The general period is 30 days, but it varies depending on the case:

• In cases of fraud, from the day fraud is discovered.

• In cases of forgery, from the day it is proven or admitted.

• For withheld documents, from the day they appear.

• For judgments exceeding requests, contradictory rulings, or improper representation, from the date of notification of the judgment.

• For judgments binding on a person not included in the case, from the day fraud, collusion, or negligence is proven.

The petition for reconsideration in UAE law is a precise legal tool that reopens the door to justice in exceptional cases. To ensure success, it requires specialized legal expertise to meet all procedural and substantive conditions. For this reason, Samaha Law Firm for Legal Consultations provides clients with complete and accurate guidance regarding every detail of the petition for reconsideration in UAE law,contact us via phone or whatsapp.