Interpretation of Judgments in Civil and Commercial Cases

Dr. Ghassan Arnous
Legal Advisor at Zayed Al Shamsi Advocates and Legal Consultants.

A court judgment represents the legal conclusion reached by the court after examining the statements, defenses, and requests of the parties, as well as the legal evidence they present. The court decides the case through a final ruling, clarifying its position based on the prevailing laws of the state.

A judgment is considered the embodiment of the truth; however, judicial rulings, orders, and decisions may sometimes contain ambiguity or vagueness in their operative part. This necessitates the interpretation of such judgments to ensure they are clear and understandable, thereby allowing their execution without the parties encountering issues during enforcement.

The UAE legislator has addressed this matter in Article 138 of the UAE Civil Procedure Law, which states:

“1. The parties may request the court that issued the judgment to interpret any ambiguity or vagueness in its operative part. The request shall be submitted in the usual manner for filing a lawsuit, and the judgment issued in interpretation shall be considered an integral part of the original judgment and shall be subject to the same rules regarding appeals.

2. The parties may also request the interpretation of judicial decisions and orders, and such requests shall be submitted in the same manner as the decision or order was issued, and the same effects mentioned in Clause (1) of this Article shall apply.”

Accordingly, the UAE legislator has sought to simplify the procedures for interpreting judgments, decisions, and judicial orders. Jurisdiction is granted to the court that issued the original ruling, as it is the most capable of clarifying its intent. Since it reviewed the case and oversaw the judicial procedures, it is best positioned to remove any ambiguity or confusion from the original judgment through its interpretive ruling. The judgment issued in interpretation is considered a full complement to the original judgment and is subject to the same rules regarding methods of appeal.