Court of Cassation

Specialization

Cassation Court is the third and superior degree of litigation in the Judicial System in Emirate of Dubai. The jurisdiction of this Court is stipulated by the Articles from 173 to 188 of Civil Procedures Law No: 11 of 1992 and Courts Formation Law in the Emirate of Dubai No: 3 of 1992 and the Law No: 3 of 2005. The minimum cash limit for the jurisdiction of the court is Dhs 200,000 (Two hundred thousand Dirham only). The circuit of Cassation Court is formed by minimum one Superior and four judges, and these circuits would look the challenges on criminal, personal and civil rights verdicts and suits.

Cases

Civil cases of full jurisdiction

Civil cases of full jurisdiction are cases in which the plaintiffs aim at protecting legal positions, pecumiary 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, labour relationships, personal status, estates or Wakfs.
Formation of Department:of five judges
Charges:Fifth of the fees of First instance taking into consideration the minimum and the maximum limits of these fees.
Deposit:1000 Dirham that shall be restituted if the cassation is approved by a judgment.
Insertion and Interference:Relevant pursuant to the text of paragraph 4 of article (165) of the Civil Procedural Law no. 11 year 1992.
Occasional Applications:Irrelevant
Deletions:Irrelevant
Entails:Irrelevant
Abate by time:Irrelevant
Complaint:Irrelevant
Petition for review:Relevant pursuant to the time limits, Procedural rules and the text of article 187 of the Civil Procedural Law
Interference of Prosecution:Irrelevant

Civil cases of restricted jurisdiction

Civil and commercial restricted jurisdiction cases are cases in which the plaintiffs aim at protecting legal positions, pecumiary 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 wakfs, whenever these cases are determined in value and this value is not in excess of 100000 Dirham.
Formation of Department:of five judges
Charges:500 Dirhams
Deposit:1000 Dirham that shall be restituted if the cassation is approved by a judgment.
Insertion and Interference:Relevant pursuant to the text of paragraph 4 of article (165) of the Civil Procedural Law no. 11 year 1992.
Occasional Applications:Irrelevant
Deletions:Irrelevant
Entails:Irrelevant
Abate by time:Irrelevant
Complaint:Irrelevant
Petition for review:Relevant pursuant to the time limits, Procedural rules and the text of article 187 of the Civil Procedural Law
Interference of Prosecution:Irrelevant

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 Wakfs.
Formation of Department:of five judges
Charges:500 Dirhams
Deposit:1000 Dirham that shall be restituted if the cassation is approved by a judgment.
Insertion and Interference:Relevant pursuant to the text of paragraph 4 of article (165) of the Civil Procedural Law no. 11 year 1992.
Occasional Applications:Irrelevant
Deletions:Irrelevant
Entails:Irrelevant
Abate by time:Irrelevant
Complaint:Irrelevant
Petition for review:Relevant pursuant to the time limits, Procedural rules and the text of article 187 of the Civil Procedural Law
Interference of Prosecution:Irrelevant

Commercial cases of restricted jurisdiction

Civil and commercial restricted jurisdiction cases are cases in which the plaintiffs aim at protecting legal positions, pecumiary 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 wakfs, whenever these cases are determined in value and this value is not in excess of 100000 Dirham.
Formation of Department:of five judges
Charges:500 Dirhams
Deposit:1000 Dirham that shall be restituted if the cassation is approved by a judgment.
Insertion and Interference:Relevant pursuant to the text of paragraph 4 of article (165) of the Civil Procedural Law no. 11 year 1992.
Occasional Applications:Irrelevant
Deletions:Irrelevant
Entails:Irrelevant
Abate by time:Irrelevant
Complaint:Irrelevant
Petition for review:Relevant pursuant to the time limits, Procedural rules and the text of article 187 of the Civil Procedural Law
Interference of Prosecution:Irrelevant

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.
Formation of Department:of five judges
Charges:500 Dirhams
Deposit:1000 Dirham that shall be restituted if the cassation is approved by a judgment.
Insertion and Interference:Relevant pursuant to the text of paragraph 4 of article (165) of the Civil Procedural Law no. 11 year 1992.
Occasional Applications:Irrelevant
Deletions:Irrelevant
Entails:Irrelevant
Abate by time:Irrelevant
Complaint:Irrelevant
Petition for review:Relevant pursuant to the time limits, Procedural rules and the text of article 187 of the Civil Procedural Law
Interference of Prosecution:Irrelevant

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.
Formation of Department:of five judges
Charges:500 Dirhams
Deposit:1000 Dirham that shall be restituted if the cassation is approved by a judgment.
Insertion and Interference:Relevant pursuant to the text of paragraph 4 of article (165) of the Civil Procedural Law no. 11 year 1992.
Occasional Applications:Irrelevant
Deletions:Irrelevant
Entails:Irrelevant
Abate by time:Irrelevant
Complaint:Irrelevant
Petition for review:Relevant pursuant to the time limits, Procedural rules and the text of article 187 of the Civil Procedural Law
Interference of Prosecution:Irrelevant

Writs of Performance

Writs of performance are orders on petition and are considered an exception to the general rule of raising a lawsuit to recover rights. It is practiced whenever the creditor's right is evidenced in writing, due for payment and the right claimed is a monetary debt determined in value. It is also practiced if the right owner is a creditor by virtue of a commercial paper and his claim is restrictively addressed to the drawer, the maker, the acceptor or the guarantor. The request to issue the order must be preceded by a five day prior notice addressed by the creditor to the debtor asking him to effect payment. The amount claimed in the notice of payment may not be less than the right claimed in the petition to issue the order of payment.
Formation of Department:of five judges
Charges:500 Dirhams
Deposit:1000 Dirham that shall be restituted if the cassation is approved by a judgment.
Insertion and Interference:Relevant pursuant to the text of paragraph 4 of article (165) of the Civil Procedural Law no. 11 year 1992.
Occasional Applications:Irrelevant
Deletions:Irrelevant
Entails:Irrelevant
Abate by time:Irrelevant
Complaint:Irrelevant
Petition for review:Relevant pursuant to the time limits, Procedural rules and the text of article 187 of the Civil Procedural Law
Interference of Prosecution:Irrelevant

Summary cases

Summary cases are cases in which the petitioners aim at obtaining judicial protection of the necessary means to decide the merits of the case in order to make the substantive protection more efficient by means of requesting the issuance of judicial orders to the effect of taking practical, provisional and protective measures from the risk of delay in payment For example: Proof of status lawsuits - Witnesses hearing lawsuits - Appointment of Judicial guardian lawsuits.
Formation of Department:of five judges
Charges:500 Dirhams
Deposit:1000 Dirham that shall be restituted if the cassation is approved by a judgment.
Insertion and Interference:Relevant pursuant to the text of paragraph 4 of article (165) of the Civil Procedural Law no. 11 year 1992.
Occasional Applications:Irrelevant
Deletions:Irrelevant
Entails:Irrelevant
Abate by time:Irrelevant
Complaint:Irrelevant
Petition for review:Relevant pursuant to the time limits, Procedural rules and the text of article 187 of the Civil Procedural Law
Interference of Prosecution:Irrelevant

Addition and exclusion of a Muslim heir

Cases for the addition and exclusion of a Muslim heir is a litigation concerning an estate where all or one of the litigants are Muslims and where the plaintiff aims at establishing that there is a litigation on a matter included in the declaration of inheritance issued by the court, either by introducing a heir whose name was not mentioned in the Declaration, when issued, or the exclusion of another person whose name appears in the declaration but is not a legal heir, or both claims.
Formation of Department:of five judges
Charges:500 Dirhams
Deposit:1000 Dirham that shall be restituted if the cassation is approved by a judgment.
Insertion and Interference:Relevant pursuant to the text of paragraph 4 of article (165) of the Civil Procedural Law no. 11 year 1992.
Occasional Applications:Irrelevant
Deletions:Irrelevant
Entails:Irrelevant
Abate by time:Irrelevant
Complaint:Irrelevant
Petition for review:Relevant pursuant to the time limits, Procedural rules and the text of article 187 of the Civil Procedural Law
Interference of Prosecution:Obligatory or optional depending on its position in the lawsuit of first instance

Addition and Exclusion of a Non-Muslim heir

Cases for the addition and exclusion of a non-Muslim heir is a litigation between non-Muslims where the plaintiff aims at establishing that there is a litigation on a matter included in the declaration of inheritance either by introducing a heir whose name was not mentioned in the Declaration, when issued, or the exclusion of another person whose name appeared in the declaration but is not a legal heir, or both claims.
Formation of Department:of five judges
Charges:500 Dirhams
Deposit:1000 Dirham that shall be restituted if the cassation is approved by a judgment.
Insertion and Interference:Relevant pursuant to the text of paragraph 4 of article (165) of the Civil Procedural Law no. 11 year 1992.
Occasional Applications:Irrelevant
Deletions:Irrelevant
Entails:Irrelevant
Abate by time:Irrelevant
Complaint:Irrelevant
Petition for review:Relevant pursuant to the time limits, Procedural rules and the text of article 187 of the Civil Procedural Law
Interference of Prosecution:Obligatory or optional depending on its position in the lawsuit of first instance

Muslims pecuniary status

Cases concerning Muslims pecuniary status are requests and matters concerning Muslims and relating to wardship by relatives, tutorship on minors and custody of their property, guardianship, curatorship, granting permission to administer property of their ward, establishing the absence of a person or his disappearance or naming the judicial assistants.
Formation of Department:of five judges
Charges:500 Dirhams
Deposit:1000 Dirham that shall be restituted if the cassation is approved by a judgment.
Insertion and Interference:Relevant pursuant to the text of paragraph 4 of article (165) of the Civil Procedural Law no. 11 year 1992.
Occasional Applications:Irrelevant
Deletions:Irrelevant
Entails:Irrelevant
Abate by time:Irrelevant
Complaint:Irrelevant
Petition for review:Relevant pursuant to the time limits, Procedural rules and the text of article 187 of the Civil Procedural Law
Interference of Prosecution:Obligatory

Non-Muslims pecuniary status

Cases concerning non-Muslims pecuniary status are requests and matters concerning non-Muslims and relating to wardship by relatives, tutorship on minors and custody of their property, guardianship, curatorship, granting permission to administer property of their ward or establishing the absence of a person or his disappearance and the naming of the judicial assistants.
Formation of Department:of five judges
Charges:500 Dirhams
Deposit:1000 Dirham that shall be restituted if the cassation is approved by a judgment.
Insertion and Interference:Relevant pursuant to the text of paragraph 4 of article (165) of the Civil Procedural Law no. 11 year 1992.
Occasional Applications:Irrelevant
Deletions:Irrelevant
Entails:Irrelevant
Abate by time:Irrelevant
Complaint:Irrelevant
Petition for review:Relevant pursuant to the time limits, Procedural rules and the text of article 187 of the Civil Procedural Law
Interference of Prosecution:Obligatory

Personal status of Muslims

Cases of personal status of Muslims are cases of personal status aiming at protecting legal positions relating to family matters such as engagements, marriage, rights of the spouses, divorce and all ensuing rights and effects deriving therefrom and from separation. In addition, establishing or denying kinship with relatives provided one of the parties thereto is a Muslim.
Formation of Department:of five judges
Charges:500 Dirhams
Deposit:1000 Dirham that shall be restituted if the cassation is approved by a judgment.
Insertion and Interference:Relevant pursuant to the text of paragraph 4 of article (165) of the Civil Procedural Law no. 11 year 1992.
Occasional Applications:Irrelevant
Deletions:Irrelevant
Entails:Irrelevant
Abate by time:Irrelevant
Complaint:Irrelevant
Petition for review:Relevant pursuant to the time limits, Procedural rules and the text of article 187 of the Civil Procedural Law
Interference of Prosecution:Obligatory when the subject of the dispute is related to a minor, a person who is incompetent or lacking of competency or an absent person

Personal status of non-Muslims

Cases of personal status of non- Muslims are cases of personal status aiming at protecting legal positions relating to family matters such as engagements, marriage, rights of the spouses, divorce and all rights and effects deriving from them and from separation. In addition, establishing and denying kinship with relatives provided one of the parties thereto is a non-Muslim.
Formation of Department:of five judges
Charges:500 Dirhams
Deposit:1000 Dirham that shall be restituted if the cassation is approved by a judgment.
Insertion and Interference:Relevant pursuant to the text of paragraph 4 of article (165) of the Civil Procedural Law no. 11 year 1992.
Occasional Applications:Irrelevant
Deletions:Irrelevant
Entails:Irrelevant
Abate by time:Irrelevant
Complaint:Irrelevant
Petition for review:Relevant pursuant to the time limits, Procedural rules and the text of article 187 of the Civil Procedural Law
Interference of Prosecution:Obligatory when the subject of the dispute is related to a minor, a person who is incompetent or lacking of competency or an absent person

The Waqf

Lawsuits regarding charitable or family dedication (waqf) issues and correlated disputes regarding personal status lawsuits, estates lawsuits and particularly; the inheritance, which are restricted to real estates, shall be filed against specific parties or without being addressed against any party meaning mixed lawsuits that are possible to be personal or real.
Formation of Department:of five judges
Charges:500 Dirhams
Deposit:1000 Dirham that shall be restituted if the cassation is approved by a judgment.
Insertion and Interference:Relevant pursuant to the text of paragraph 4 of article (165) of the Civil Procedural Law no. 11 year 1992.
Occasional Applications:Irrelevant
Deletions:Irrelevant
Entails:Irrelevant
Abate by time:Irrelevant
Complaint:Irrelevant
Petition for review:Relevant pursuant to the time limits, Procedural rules and the text of article 187 of the Civil Procedural Law
Interference of Prosecution:Obligatory

Grievance

Whenever orders on petitions including payment orders and arrestations are issued without challenging the other party, the legislator took into consideration guaranteeing the defense rights concerning the other party,and determined the grievance right against any order on petition including the payment orders and arrestations for refuting its grounds and repelling its effects against him.
Formation of Department:of five judges
Charges:500 Dirhams
Deposit:1000 Dirham that shall be restituted if the cassation is approved by a judgment.
Insertion and Interference:Relevant pursuant to the text of paragraph 4 of article (165) of the Civil Procedural Law no. 11 year 1992.
Occasional Applications:Irrelevant
Deletions:Irrelevant
Entails:Irrelevant
Abate by time:Irrelevant
Complaint:Irrelevant
Petition for review:Relevant pursuant to the time limits, Procedural rules and the text of article 187 of the Civil Procedural Law
Interference of Prosecution:Irrelevant

Opposition to execution

Oppositions are defined as summary disputes concerning forced enforcement, in which a temporal judgment for stay of execution or for its continuance is requested without detriment to the original disputed right. * The oppositions shall be submitted either by a pleading according to the same procedures adopted for filing lawsuits or by reporting to the execution delegate before and during performing the detention procedures or before its completion. * The first opposition has an effect that stops the execution procedures.
Formation of Department:of five judges
Charges:500 Dirhams
Deposit:1000 Dirham that shall be restituted if the cassation is approved by a judgment.
Insertion and Interference:Relevant pursuant to the text of paragraph 4 of article (165) of the Civil Procedural Law no. 11 year 1992.
Occasional Applications:Irrelevant
Deletions:Irrelevant
Entails:Irrelevant
Abate by time:Irrelevant
Complaint:Irrelevant
Petition for review:Relevant pursuant to the time limits, Procedural rules and the text of article 187 of the Civil Procedural Law
Interference of Prosecution:Irrelevant