A cassation ruling is meant to be the end of the road. In this June 2026 decision — in which our team acted for a successful respondent — the Abu Dhabi Court of Cassation dismissed a petition to reconsider one of its own rulings as inadmissible, restating that the Article 190 grounds are exhaustive and that reconsideration is not a second appeal. The underlying dispute also produced a crisp statement on how far an arbitration clause travels between contracts.
1. How the petition arose
The dispute concerned a large infrastructure project. A contractor claimed in excess of AED 135 million against the employer, the supervising consultancy and a number of sub-contractors and authorities, including our client. The first instance court held the claim inadmissible so far as it concerned the construction contract, because that contract contained an arbitration clause. Appeals followed, and a cassation ruling in March 2026 dealt with the admissibility of one of them.
Dissatisfied, the consultancy petitioned the Court of Cassation to reconsider its own ruling. That petition is what this decision disposes of.
2. Article 190 is an exhaustive list
Reconsideration of a cassation ruling is available only in the circumstances Article 190(1) of the Civil Procedure Law specifies: where a procedural error affected the ruling; where it rested on a repealed law; or where it conflicts with judicial principles settled by the General Assembly or by the bodies that unify federal and local principles.
The Court found none of these engaged. Cassation rulings acquire the authority of res judicata precisely so that litigation ends; a party who simply disagrees with the outcome, or wishes to reargue a point already decided, is outside the provision. The petition was therefore inadmissible, and the security forfeited.
3. Reconsideration is not a second appeal
The petitioner’s complaints — that the ruling wrongly accepted an appeal, or misapplied the arbitration clause — were in substance an invitation to re-run the cassation. The Court declined. A settled ruling is not reopened because a party can articulate a different view of it; only a departure from an established principle of the kind Article 190 identifies will do.
4. An arbitration clause does not travel between separate contracts
The decision also restates a point of real practical value. Arbitration is an exception to the courts’ general jurisdiction, and an arbitration agreement is therefore construed narrowly. Where parties conclude two separate and independent contracts and only one contains an arbitration clause, that clause does not extend to the other unless there is a clear and express reference incorporating it.
It follows that a party who is not a party to the contract containing the clause cannot have it applied against it — the same consent principle that governs non-signatories in arbitration generally.
Practical takeaways
- Treat cassation as final. Reconsideration is confined to the Article 190 grounds and is not a route to reargue the merits.
- Identify, precisely, which Article 190 limb you rely on — a general complaint of error will not be entertained, and the security is at risk.
- An arbitration clause binds only within the contract that contains it; incorporate it expressly if it is meant to reach related agreements.
- On multi-party projects, check contract by contract whether each respondent is actually bound to arbitrate.
Sources & citations
- Judgment: Reconsideration Petition 52/2026 (challenging Cassation 121/2026) (Abu Dhabi Court of Cassation — First Commercial Cassation Circuit). Abu Dhabi Court of Cassation decision of 8 June 2026 in Reconsideration Petition 52/2026. A certified copy is on file with the firm. See the ADGM Courts judgments database.
Rules & practice directions cited
- UAE Civil Procedure Law — Art. 190(1) (grounds for reconsideration of a cassation ruling)
- UAE Civil Procedure Law — Art. 152 (timing of appeals against interim rulings)
- Abu Dhabi Judicial Department — court of record
This case note is for general information only and does not constitute legal advice. For advice on an ADGM debt-recovery, enforcement or set-aside matter, please contact us. Last updated: 8 June 2026.