Judicial principle: It is not permissible to violate the state jurisdiction of courts that are subject to a judicial authority independent of the federal judiciary in civil and commercial matters.
Judicial principle: It is not permissible to violate the state jurisdiction of courts that are subject to a judicial authority independent of the federal judiciary in civil and commercial matters.
The excerpt you provided discusses a decision made by the Authority for the Unification of Federal and Local Judicial Principles regarding conflicting judicial principles issued by different courts in the UAE. Here’s a breakdown of the key points and implications of the decision:
1. **Jurisdiction and Conflict Resolution**: The Authority’s role is to resolve conflicts between judicial principles issued by various supreme courts in the UAE. This occurs when two or more courts issue conflicting rulings on the same legal issue.
2. **Legal Basis**: The decision is grounded in Article 15 of Federal Law No. 10 of 2019, which mandates the Authority to unify conflicting judicial principles.
3. **Case Example**: The decision specifically addresses conflicting rulings from the Dubai Court of Cassation, the Federal Supreme Court, and the Ras Al Khaimah Court of Cassation. These rulings presented contradictory judicial principles on a commercial matter.
4. **Constitutional Framework**: The decision underscores the constitutional framework governing the jurisdiction of federal and local judicial bodies. It emphasizes that each emirate in the UAE has its own independent judiciary, except for matters explicitly under federal jurisdiction.
5. **Public Order and Jurisdiction**: The decision highlights that jurisdictional rules are related to public order and cannot be disregarded by agreements between parties. It cites Article 5/33 of Federal Decree-Law No. 42 of 2022, which regulates civil procedure and emphasizes that parties cannot agree to bypass the jurisdiction of courts that are part of independent judicial authorities.
6. **Implications**: The ruling establishes that respecting jurisdictional boundaries is crucial for maintaining legal order and preventing courts from being burdened with cases that do not fall under their authority.
In summary, the decision by the Authority emphasizes the importance of upholding jurisdictional rules as determined by the UAE Constitution and federal laws. It aims to ensure consistency and fairness in judicial decisions across different emirates while respecting the independence of local judicial bodies within their designated jurisdictions
