In the United Arab Emirates, judicial rulings, whether issued at the primary court level, the Court of Appeal, or through the Court of Cassation, typically attain finality at the level of one of those stages based on the monetary value of the case (except in rental dispute cases where cassation is not at the parties’ disposal). Once a judgment becomes final, it is generally not subject to further appeal by the involved parties. However, Article 176 of the UAE Civil Procedures Law provides an exceptional legal mechanism allowing the Attorney General to challenge such judgments in narrowly defined circumstances.

The Legal Framework Under Article 176

According to Article 176, the Attorney General may file an appeal by way of cassation for the benefit of the law against final judgments in only two specific instances:

1. Judgments not subject to appeal by the parties.
2. Judgments where the parties missed the deadline for appeal, waived their right to appeal, or filed an appeal that was dismissed as inadmissible.

It is crucial to understand that this provision is not an additional stage of litigation. Rather, it is a special and extraordinary pathway aimed at rectifying potential injustices under stringent formal conditions. Consequently, most requests submitted to the Attorney General under Article 176 are rejected for failing to meet these formal criteria.

A Practical Application: A Case Study

Despite the difficulty in convincing the Attorney General to file an appeal by way of cassation under article 176, Triumph & Co. recently successfully invoked Article 176 to seek justice for our client, an employee in a company, who was ordered to pay compensation (albeit wrongly) to her employer under a final judgment. The judgment, issued by the Court of Appeal, required the employee to compensate the company for failing to fulfill her duties during the notice period. However, the judgment overlooked critical evidence and legal provisions that should have been considered. 

We based our appeal on two pivotal arguments:

1. Neglected Evidence: The final judgment ignored key documents proving that the company itself had prevented the employee from working during the notice period.
2. Violation of UAE Labor Law: The judgment contradicted Article 43(2) of the UAE Labor Law, which stipulates that an employee is obligated to work during the notice period only if the employer requests it. In this case, no such request was made.

Outcome of the Application

After reviewing our submission, the Attorney General approved our request and filed an appeal in cassation against the final judgment, one of very few successful applications of Article 176. The Court of Cassation accepted the appeal and referred the case back to the Court of Appeal. Upon review, the Court of Appeal overturned its previous ruling, nullifying the compensation claim against our client. 

Key Takeaways

This case highlights the importance of Article 176 as an extraordinary legal tool to address potential injustices in final judgments. While the provision is rarely applied, it serves as a vital safeguard for ensuring fairness when procedural and evidentiary oversights occur. It is also a reminder of the critical role that formal legal criteria play in determining whether such exceptional appeals can proceed.

Conclusion

Article 176 of the UAE Civil Procedures Law offers a rare but powerful avenue for rectifying final judgments under specific conditions. If you believe a final judgment has overlooked critical evidence or violated statutory provisions, consulting with experienced legal counsel is essential to determine whether an appeal in the interest of the law is feasible.

Our firm remains committed to leveraging every available legal mechanism to protect our clients’ rights and ensure justice is served.

This article has been prepared by:
Issam Bader-Partner, Dubai