Getting an unfavourable decision from a UAE Court is not the end of the world. There are ample legal provisions for filing an appeal in both civil and criminal matters. At this juncture, some important question arises – In which court appeal should be filed, what is the procedure for filing the appeal, etc. In the article, we are going to discuss all such questions relating to appeals with the help of our best lawyers in UAE.
Grounds for filing an appeal
At the outset, it is very important to understand the grounds on which an appeal can be preferred. Article 158 of Federal Law No 11 of 1992 (UAE Civil Procedure Law) provides the grounds of appeal, which are as follows-
- The decision of the court of the first instance can be challenged on the ground of breach of jurisdiction or substantial procedural irregularities in the working of the court.
- The decision can also be challenged if its contrary to the established principle of law or not having a res judicata effect.
The procedure of filing an appeal
Our best lawyers of Dubai have highlighted that Article 159 made it mandatory that the appeal must be filed within 30 days of issuance of order or judgment. The appeal must be accompanied by a pleading, which includes a statement of facts, grounds of appeal, name of litigants, etc. Article 162 provides that the appellant is also required to deposit a security amount with the treasury.
In criminal matters, the accused and the public prosecution may appeal the decision under Article 230 of UAE Criminal Procedure Law. It is highlighted by our top criminal lawyers of Dubai that Article 234 only gives a time window of 15 days to appeal the decision. However, in special circumstances, the public prosecutor may allow filing the same within 30 days.
Decisions of the Appellate Court & further appeal
If the Court of Appeal is satisfied that the judgment of the court of the first instance has some material defect, it will cancel the decision under Article 166 of Civil Procedure Law and Article 242 of Criminal Procedure Law.
It is pointed out by our top lawyers of Dubai that the decision of the Court of Appeal may further appeal to the Court of Cessation. There are very limited grounds on which the appeal can be filed, which are as follows-
- The appealed judgment is based on an incorrect application of law or against the settled principles of law;
- There is a material irregularity in the procedure followed by the court;
- The appellate court was not competent to try the case;
- The subject matter of dispute was outside the jurisdiction of the Court of Appeal;
- The decision is ambiguous and bereft of sound reasoning.
Conclusion
From the aforesaid analysis, you will have a broad overview of the appeal mechanism followed by the UAE’s Courts. Though the grounds for filing the appeal are quite limited, our best lawyers of UAE have a decade-long experience in successfully representing the interest of our clients in appellate courts in complex matters and securing favourable results.
BSB legal is a specialized law firm of Dubai. Our best lawyers will assist you in making applications, litigation, and other advisory work. To know more information, kindly contact one of our best lawyers in UAE. You can email us at info@bsb.legal or call +971508014003.