Dr. Mahmoud Mukhtar Abdul Mugheeth
Associate Professor of Civil Procedure Law
City University College, Ajman, UAE

Abstract:

A final ruling is a ruling that cannot be appealed by any means of appeal, whether ordinary or extraordinary. However, Emirati and French legislators have permitted revocation of this ruling in exceptional cases, and in accordance with the controls and conditions stipulated by the law. The UAE legislator has also expanded the scope of cases of revocation of a final ruling, so that it is not limited to the case of a procedural error affecting the outcome of the ruling, but rather includes the case of a ruling based on a repealed law, or a ruling based on a violation of one of the established judicial principles. The fundamental problem of this research revolves around the feasibility of legislatively introduced cases for requesting revocation of a final ruling in UAE law, especially since the revocation mechanism represents an exception to the rule that it is not permissible to appeal a final ruling by any means of appeal.
The objectives of this research revolve around analyzing the new legal texts in UAE laws. To demonstrate the extent to which it has achieved its essential goal, which is based on the permissibility of submitting a request to retract a final ruling, and the procedures followed for submitting a request for revocation and deciding on it by the court competent for it, which requires following the analytical and comparative study between the Emirati law and its French counterpart. The topics of this research include clarifying what is meant by the mechanism of revocation of a final ruling, distinguishing it from procedural mechanisms that may be similar to it, cases of recourse, procedures for submitting a request for recourse, and procedures for deciding it.
In this research, the researcher reached several results: for example, the mechanism for reversing a final ruling is an exception to the general rule that does not permit appeal against a final ruling. Cases of reversing a final ruling are limited, and the procedures for reversing a final ruling differ from the procedures related to methods of appealing judicial rulings. The researcher also presented several recommendations. For example, it recommended that the Emirati legislator refrains from expanding the cases of revocation of a final ruling and limiting them to the case of a procedural error affecting the outcome of the ruling.

Keywords: force of res judicata, procedural error affecting the ruling, repealed law, violation of judicial principles, interpretation of the ruling, and final ruling.

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