Summary of the Petition for Reconsideration According to the UAE Civil Procedure Code

Summary of the Petition for Reconsideration According to the UAE Civil Procedure Code

Summary of the Petition for Reconsideration According to the UAE Civil Procedure Code

Definition of Petition for Reconsideration: A petition for reconsideration refers to the request by the parties involved to re-examine the same case that has been decided with a final judgment by the same court that issued the judgment, provided that specific legal grounds are met.

Court Competent to Hear the Petition: The court competent to hear the petition is the same court that issued the contested judgment, whether it is the Court of First Instance, the Court of Appeal, or the Court of Cassation, depending on the case.

Circumstances in Which a Petition for Reconsideration Can Be Filed: The UAE legislator has specified seven conditions under which a petition for reconsideration is allowed. These are:

  1. If fraud was committed by one of the parties, which affected the judgment or decision.
  2. If the judgment or decision was based on forged documents or false testimony.
  3. If the petitioner obtained decisive documents after the judgment or decision, which the opposing party had prevented from being submitted.
  4. If the judgment or decision ruled on something not requested by the parties or ruled more than what was requested.
  5. If the terms of the judgment or decision are contradictory to each other.
  6. If someone considers the judgment or decision in the case as binding on them, but they were not properly represented in the case, provided that fraud, collusion, or gross negligence by their representative is proven.
  7. If the judgment or decision was made against a natural or legal person who was not properly represented in the case.

Time Limit for Filing the Petition: The time limit for filing a petition for reconsideration is 30 days. However, the starting point for this period varies depending on the circumstances, as follows:

  • Circumstances (1) to (3): The time limit starts from the day fraud was discovered, the person responsible for forgery was acknowledged or proven, the false witness statement was ruled upon, or the withheld document became available.
  • Circumstances (4) and (5): The time limit starts from the date the judgment was issued.
  • Circumstance (6): The time limit starts from the day fraud, collusion, or gross negligence was discovered.
  • Circumstance (7): The time limit starts from the day the judgment was served to the party or their proper representative.

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