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‘In Dubai, justice is everyone’s right’: New board of commissioners to add litigation guarantee

It will also provide informed opinions based on evidence and witness accounts, rather than personal judgement

Published: Mon 10 Apr 2023, 4:26 PM

Updated: Mon 10 Apr 2023, 10:36 PM

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A new ‘board of commissioners’ formed for the Dubai Court of Cassation adds a litigation guarantee that will help boost confidence in the emirate’s justice system. A vital addition to Dubai’s highest judicial body, the board will further enhance mechanisms in place to safeguard justice.

The board will help ensure the rights of all litigation parties and that justice takes its fair course. Members are qualified to “appreciate and better understand the details of various litigation cases”. The board will also provide informed opinions based on evidence and witness accounts, rather than personal judgement.

Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, Deputy Ruler of Dubai, Deputy Prime Minister and Minister of Finance of the UAE, and Chairman of the Dubai Judicial Council, said: “Our ability to uphold people’s rights fairly, effectively and impartially makes our judicial system one of the world’s best. In Dubai, justice is everyone’s right, without exception or bias.”

He highlighted how establishing an advanced judicial system is a key priority for His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, “as justice is the foundation of the stability and prosperity of a nation in which the rule of law is paramount”.

Key roles

The board’s roles include examining appeals before they are submitted to the Chambers of Cassation, as well as expediting the litigation process in cases of appeals that do not require appearance before the chambers. The board will help judges dedicate their time to examining and studying the appeal within the context of making a judgement. It will also be responsible for training and qualifying its judges so that they can be appointed in the Court of Cassation in the future.

The board will examine appeals in cassation, review cases, offer reconciliation to parties of the appeal, and prove abandonment of litigation and other occurrences that factor into the continuation of appeal or making a judgement on it. The board will also give its opinion on applications submitted to it from the head of Court of Cassation or its chambers heads.

Taresh Eid Al Mansouri, director-General of Dubai Courts, said: “The formation of the Board of Commissioners at the Dubai Court of Cassation further establishes the principles of justice, equality and the rule of law. It helps enhance sustainable development in Dubai by ensuring an advanced, effective and impartial judicial system.”

Supporting Emiratisation plans

Judge Abdul Qader Mousa Mohammed, head of the Court of Cassation, said the board will support Emiratisation plans related to members of Dubai’s judicial authority.

“By playing its role optimally, the Board of Commissioners will provide an added guarantee for litigators, as it will report the legal opinion regarding appeals submitted to the Court of Cassation, further improving the accuracy of examining appeals, and facilitating the Court’s judgement in a timely manner.

“The board’s work will be subject to a special judicial inspection process that ensures achievement of its objectives,” he added.

Dr Saif Ghanem Al Suwaidi, secretary-general of the Dubai Judicial Council, said the step follows benchmark assessments aimed at defining judicial best practices. He referred to the role played by boards of commissioners and similar bodies in various judicial systems to ensure the accuracy and thoroughness of judgements.

The Dubai Court of Cassation was established in 1988 with the aim of unifying the application of law in Dubai courts. It does not re-issue judgements for cases submitted to lower courts, but monitors how these judgements abide by the law. If a conflict is submitted before the Court of Cassation for the second time, it issues its judgements as a subject-matter court and not as a court of law.

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