UAE Civil Procedure Code

Article 177 — Article (177)

Part Twelve: Methods of Challenging Judgments · Chapter Four: Cassation

1. The filing of a challenge by way of cassation shall cause a stay of execution of the judgment if the same establishes divorce or dissolution of marriage or is relating to the ownership of real property. 2. Other than the instances referred to in Clause [1] of this Article, the Court may order temporary stay of execution of the judgment if the Petitioner requests the same under the statement of challenge, where the execution of the judgment would likely bring about an irremediable substantial damage. The chief justice of the competent Tribunal shall schedule a hearing for the challenge, and the Petitioner shall serve the Statement of Challenge upon the Respondent. If the Court decides to order a stay of execution of the judgment or is convinced that the challenge is based on any grounds other than those set out in Article [175] of this Code, it shall schedule a hearing for examining the challenge within sixty [60] days in chambers. 3. The Court shall decide on the motion for stay of execution not later than fifteen [15] business days following its filing date. 4. Where a stay of execution is ordered by the Court, the latter may either order that a bail be provided or that any necessary actions be taken to safeguard the rights of the Respondent. 5. The order for stay of execution of the judgment shall apply to the Execution measures initiated by the prevailing party based on the contested judgment as of the date of filing of the motion for stay of execution. 6. If the challenge is dismissed, the Petitioner shall be liable to pay the legal costs.

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