The Abu Dhabi Court of Cassation’s recent judgment in Labour Cassation No. 72 of 2025, issued on 15 October 2025, offers an important procedural clarification that will influence how appeals are approached across the UAE. The Court confirmed that the decisive deadline for filing counter-appeals and cross-appeals is the first hearing of the principal appeal and not the expiry of the general 30-day period. This settles a long-standing area of uncertainty and strengthens the move toward a more disciplined, predictable and orderly appellate process.
For practitioners navigating high-stakes disputes, these ruling underscores the growing emphasis on procedural discipline, stability, and certainty within the UAE’s litigation environment.
Why this judgment matters
The decision clarifies the interaction between Articles 161 and 166 of the Civil Procedures Law, firmly establishing that:
- The decisive deadline for counter-appeals and cross-appeals is the first hearing of the principal appeal.
- This applies even where the general 30-day appeal period has not yet expired.
- The ruling promotes procedural finality, reducing the prospect of late surprises that can prolong disputes or unsettle case strategy.
By addressing an area that has generated recurrent uncertainty, the Court provides litigants with a clear and authoritative procedural benchmark.
Case background
The matter arose from a labour dispute in which the employee claimed several outstanding entitlements. The Court of First Instance granted partial relief.
- The employer appealed (Appeal No. 263/2025), with the first hearing scheduled—and held in chambers—on 21 July 2025, after which the appeal was dismissed.
- The employee subsequently filed a further appeal (No. 284/2025) on 25 July 2025, seeking to revise the amounts awarded.
Although the general 30-day appeal period was still open, the Court of Cassation held that the employee’s appeal was procedurally time-barred because it was lodged after the first hearing of the principal appeal.
This timing, coming four days after the first hearing, rendered the appeal inadmissible.
Legal basis adopted by the Court
The Court’s analysis rested on a combined reading of:
- Article 161 (general 30-day appeal period),
- Article 166 (specific rules for counter-appeals and cross-appeals), and
- The General Assembly’s precedent in Cassation No. 1/2023 (7 February 2023), which held that:
A counter-appeal or cross-appeal must be filed before or during the first hearing of the principal appeal, regardless of whether the general 30-day period has expired.
The rule applies uniformly to both:
- Counter-appeals (within the 30-day period), and
- Cross-appeals (after the 30-day period),
which lapse automatically if not filed by the first hearing.
Given that the first hearing occurred on 21 July 2025, the employee’s appeal filed on 25 July 2025 was deemed inadmissible.
Key legal implications
- The first hearing is the decisive procedural deadline. The ruling confirms that the right to file counter-appeals or cross-appeals expires not at the end of the statutory 30 days, but at the commencement of the first hearing of the principal appeal.
- “First hearing” includes in-chambers sessions. Hearings held in chambers carry the same procedural effect as public hearings for this purpose.
- Special procedural deadlines prevail over general rules. Article 166 operates as an express statutory exception to Article 161, requiring strict application.
- The rationale: procedural stability. The rule prevents tactical late filings and promotes the swift resolution of disputes.
- Reinforced by stable judicial precedent. The Court affirmed the General Assembly’s 2023 position, confirming this principle as a settled rule in UAE procedural law.
Practical implications for litigants and legal teams
- Parties must act immediately if contemplating counter-appeals or cross-appeals.
- The 30-day period cannot be relied on if the first hearing has been convened.
- Chambers hearings count—they close the window just as public hearings do.
- Legal teams must monitor appeal schedules in real time to avoid involuntary forfeiture of rights.
- Robust internal processes for hearing notifications, case monitoring, and escalation are now even more essential.
For firms and corporate litigants, this judgment elevates the importance of early decision-making and tight procedural governance.
Conclusion
The Court of Cassation’s ruling provides valuable clarity for litigants, confirming that appeal rights linked to counter-appeals and cross-appeals lapse at the first hearing of the principal appeal—even if the 30-day statutory period is still running.
By reinforcing strict procedural cut-off points, the Court enhances the predictability, efficiency, and finality that underpin the UAE’s maturing litigation system. For practitioners, the message is unmistakable: procedural readiness is now a strategic imperative.
The UAE’s latest Cassation Court ruling highlights the growing need for disciplined procedural strategy in dispute resolution. Our team can help you navigate these developments and ensure your litigation approach remains timely, compliant, and resilient. For case specific guidance, please reach out to the author Reda Hegazy, at reda.hegazy@alsuwaidi.ae.