Combining the means of rectifying judgments and the methods of appeal: A recent approach to retracting final court judgments of the Supreme Court in the United Arab Emirates

Abstract

It is legally established that the final judgment rendered by the court of cassation cannot be appealed in any way (Khalil, 2022). However, adhering to this rule may cause injustice in case the judgment is incorrect, as judges are human beings who make mistakes. As a result, the Legislator in the United Arab Emirates (UAE) has introduced in Article 187 (Bis) of the Federal Law No. 11 of 1992 on the Civil Procedures (hereinafter, the Civil Procedures Law) an innovative system, i.e., the system of retracting final judgment, where the final judgment of the court of cassation can be challenged to rectify it and restore justice. The research problem of this study consists of the ambiguity regarding the meaning of this system and its relationship with other means of rectifying or appealing judgments. Hence, this study aims to investigate the meaning of retracting final judgments and how it is distinguished from other forms of appeal. To this end, the study utilizes an analytical approach by interpreting Article 187 (Bis) of the Civil Procedures Law and judgments of courts of cassation across the UAE. The study finds that retraction is a means of appeal that not only can be used by the litigants but also by the court on its own motion. As a result, the rule of retraction is considered of a public policy nature where parties cannot agree to disregard its terms.