Dubai Court of Cassation (General Assembly), Resolution No. 2 of 2026, 3 March 2026
Procedural laws apply immediately to pending cases, but provisions that amend jurisdiction, whether by subject-matter, type, value or territory and whether in civil or criminal procedural legislation, do not apply where they come into force after the close of pleadings before the court of first instance. The court whose jurisdiction was changed then remains competent at all levels. If they come into force before that point, the case passes to the newly competent court even though it was already filed with the old one. A special provision to the contrary prevails. The Assembly read the criminal-procedure rule in the light of Article 1(1) of the Civil Procedure Code, the general law of procedure.
At the request of the President of the Court of Cassation, the General Assembly addressed divergent rulings of criminal chambers in Dubai after Federal Decree-Law No. 14 of 2025, in force from 1 January 2026, amended the jurisdiction rules in Federal Decree-Law No. 30 of 2021 on narcotics. The chambers differed on the temporal application of laws that change jurisdiction.
The Assembly explained that the Civil Procedure Code is the foundation of procedural legislation and the general law for criminal procedure, applying wherever the Criminal Procedure Law has no special provision (Article 1(5) of that law). Procedural laws apply from their entry into force to cases not yet decided and steps not yet taken, but the Criminal Procedure Law excepts jurisdiction-amending laws that come into force after the close of pleadings 'in the case', in general terms that could cover the close of pleadings at any level. Article 1(1) of the Civil Procedure Code, however, states clearly that jurisdiction-amending provisions are excepted when they take effect after the close of pleadings before the court of first instance.
It followed that laws amending jurisdiction (by function, subject-matter, value or territory) do not apply once pleadings have closed before the first-instance court; the courts whose jurisdiction was amended remain competent at every level. If the new law takes effect before that point, the court or authority to which cases are transferred becomes competent, and the original court loses jurisdiction even over cases already filed with it. A special provision modifying or conflicting with these rules prevails.
The Assembly resolved unanimously that jurisdiction-amending provisions in procedural laws, criminal or civil, do not apply when they come into force after the close of pleadings before the court of first instance, unless a special provision provides otherwise.
Changes to court structure, such as new specialised courts or tribunals, raise the question which body keeps a pending dispute. The resolution fixes the cut-off at the close of pleadings at first instance for civil and commercial cases as well as criminal ones, giving litigants a clear test when a reform takes effect mid-case.
| Article 1(1) of Federal Decree-Law No. 42 of 2022 (Civil Procedure Code) — text of article 1 |
| Article 1(2) and (5) of the Criminal Procedure Law |
| Federal Decree-Law No. 14 of 2025 amending Federal Decree-Law No. 30 of 2021 on Combating Narcotic Drugs and Psychotropic Substances (occasion of the request) |
“لا تُطَبَّقُ متي كانَ تاريخُ العملِ بها بعدَ إقفالِ بابِ المرافعةِ في الدعوي أمامَ محكمةِ أولِ درجةٍ”Short quotation from the judgment as published by the court. The full judgment is on the court’s official service.
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