Dubai's Court of Cassation: the Final Judgment.

Right after Court of Appeal, the third degree and the highest body in the Dubai judicial system is Court of Cassation. Judgments delivered by the Court of Appeal may be challenged before the Court of Cassation. All decisions of Court of Cassation court are final and binding and cannot be subjected to further appeal.

 

Specialization

The jurisdiction of this Court as stipulated is criminal cases, personal claims as well as civil and commercial suits.  This court's primary function of this highest court is mandate and interpretation of the law.  At this stage of the litigation, parties may only appeal points of law, such as an erroneous interpretation, determination of a statutory right or incorrect application of a legal provision.

 

The Court of Cassation may either deliver final judgment, or transfer the case back to the Court of Appeal for further examination. However, since further hearings may be ordered in the matter, the parties retain the right to appeal to the Court of Cassation again on a point of law. 

 

The minimum cash limit for the jurisdiction of the court is AED 200,000 (Two hundred thousand Dirham only). However, cases less than this amount, permission must first be sought from the Court. There is no such minimum value or fees for criminal appeals, but they can be filed by the distressed party alone.

 

The circuit of Cassation Court is formed by minimum one Superior or Chief Justice and four judges.  An appeal before the Court of Cassation must be filed within 60 days from the day following the issuance of judgment by the Court of Appeal, and 10 days in urgent matters. The time limit may be extended by the courts in some circumstances. 

 

 

Also Read: What You Need To Know About Dubai's First Instance Court.

 

 

Civil Cases of Full Jurisdiction

Civil cases of full jurisdiction are cases in which the plaintiffs aim at protecting legal positions, pecuniary or property rights resulting from civil acts whenever the value of these rights are undetermined or in excess of 100000 Dirham and do not relate to commercial dealings or transactions, labor relationships, personal status, estates or Wakes.

 

Civil Cases of Restricted Jurisdiction

Civil and commercial restricted jurisdiction cases are cases in which the plaintiffs aim at protecting legal positions, pecuniary or property rights deriving and resulting from civil or commercial transactions or dealings and do not relate to causes connected with labor relationships or personal status and estates and wakes, whenever these cases are determined in value and this value is not in excess of 100000 Dirham.

 

Commercial Cases of Full Jurisdiction

Commercial cases of full jurisdiction are cases in which the plaintiffs aim to protect legal positions, pecuniary or property rights resulting from commercial acts by nature or by practicing trade professionally or those resulting from commercial dealings or transactions whenever the disputed rights are not determined in value or that this value is in excess of 100000 Dirham provided they are not related to labor relationships, personal status, estates or Wakes.

 

Commercial Cases of Restricted Jurisdiction

Civil and commercial restricted jurisdiction cases are cases in which the plaintiffs aim at protecting legal positions, pecuniary or property rights deriving and resulting from civil or commercial transactions or dealings and do not relate to causes connected with labor relationships or personal status and estates and wakes, whenever these cases are determined in value and this value is not in excess of 100000 Dirham.

 

Full Jurisdiction Labor Cases

Labor cases of full jurisdiction are cases introduced by workers against their employers in the private sector in order to protect their rights emanating from the labor relationship by virtue of labor contracts supervised by the concerned ministry, whenever their value is in excess of 100000 Dirham.

 

Labor Cases of Restricted Jurisdiction

Labor cases of restricted jurisdiction are cases introduced by workers against their employers in the private sector to protect their rights emanating from the labor relationship by virtue of labor contracts supervised by the concerned ministry, whenever their value does not exceed 100000 Dirham.

 

Courts of Cassation do not re-examine the facts of a case, they only interpret the relevant law.

 

Also Read: Dubai's Court of Appeal: How does it Work?  

How Your Claim is Process: A Look Inside the 3-stages in Dubai Court System.  

 

 

 

 

 

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