UAE Civil Procedure Code

Article 190 — Article (190)

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

1. Without prejudice to Article [185.1], and notwithstanding the provision of Article [189] of this Code, the Court may revoke either the decision made thereby in chambers or its final judgment, either sua sponte or upon motion of the party against which the judgment or decision is rendered, in any of the following situations: a. If the decision or judgment is based on a procedural error committed by the Court or its assisting organs, and the same has affected the result reached by the judgment or decision of the Court; b. If the decision or judgment is based on a repealed law, where the application of the correct law would change the course of opinion on the case; or c. If the decision or judgment is rendered in violation of any of the judicial principles adopted by the Tribunal or all tribunal of the Court, as the case may be, and without presentation of the judgment or decision to such tribunals, or where the decision or judgment is issued in violation of the principles established by the Court or issued by the authority in charge of standardizing the principles between the federal and local judicial authorities. 2. The motion for revocation shall be submitted by the party against which the underlying judgment or decision is issued to the Case Management Office of the Federal Supreme Court or the Court of Cassation, as the case may be, and shall be signed by a lawyer admitted before the said court and accompanied by a security deposit of AED [20,000] twenty thousand dirhams. If the revocation is decided by the court that rendered the judgment or decision, the chief justice of the court shall refer the underlying judgment or decision, accompanied by a report by the technical office, to the tribunal referred to in Clause [3] of this Article. 3. The motion for revocation or referral decision described in Clause [2] of this Article shall be heard by a tribunal composed of five [5] of the court, not including the judges involved in the rendering of the underlying judgment or decision. Such tribunal shall issue - in chambers – a reasoned decision based on the majority of four [4] judges on the motion for revocation, and the security deposit shall be confiscated when the motion is dismissed. If the motion is admitted, it shall be assigned to another tribunal in order for the latter to hear and decide on the challenge ab initio, while the security deposit shall be refunded to the moving party. 4. Under all circumstances, the referral or filing of the motion for revocation shall take place only once, and no referral or motion shall be permitted after the lapse of one year following the date on which the decision is issued in chambers or in respect of the final judgment.

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