Introduction

This comprehensive guide explores the latest developments in UAE law regarding the recognition and execution of foreign judgments.

Recent Legal Developments

The landscape for enforcing foreign judgments in the UAE has evolved significantly in recent years. The most notable change came with the introduction of Law No. 42 of 2022 (the Civil Procedures Law).

These amendments have broadened the scope for enforcing foreign judgments and clarified the conditions under which such enforcement can occur. Importantly, the new provisions have moved away from the previous approach where UAE courts could refuse enforcement if they had jurisdiction over the underlying dispute, even if such jurisdiction was not exclusive.

Criteria for Enforcement

For a foreign judgment to be enforceable in the UAE, it must meet the following criteria:

1. The UAE courts do not have exclusive jurisdiction over the underlying dispute.
2. The foreign court that issued the judgment had jurisdiction according to its own rules of international jurisdiction.
3. The judgment was issued in accordance with the laws of the issuing country and properly ratified.
4. The parties were properly summoned and represented in the foreign proceedings.
5. The judgment has the force of res judicata in the country of issuance.
6. The judgment does not conflict with a prior UAE judgment and is not contrary to UAE public order or morals.

Challenges and Practical Tips

1. Jurisdiction Issues: Ensure that the UAE courts did not have exclusive jurisdiction over the original dispute. This is a common ground for refusal of enforcement.
2. Public Policy Considerations: Be aware of UAE public policy, as judgments contrary to it will not be enforced. This is particularly relevant in family law matters or cases involving interest.
3. Document Authentication: All foreign documents must be properly legalized and authenticated. This process can be time-consuming, so start early.
4. Reciprocity: While not a strict requirement under the new laws, demonstrating reciprocity (i.e., that the foreign country would enforce UAE judgments) can strengthen your case.
5. Partial Enforcement: If parts of the judgment conflict with UAE law, consider applying for partial enforcement of the compliant sections.
6. Stay Informed: UAE courts’ approach to foreign judgment enforcement is still evolving. Stay updated on the latest court decisions and interpretations.

Recent Court Approaches

UAE courts have shown an increasing willingness to enforce foreign judgments. Notable cases include:

• The Dubai Court of Cassation enforced a Polish judgment, confirming that shared jurisdiction is not a barrier to enforcement.
• The same court enforced a Canadian summary judgment recognizing a restitution order, demonstrating flexibility in interpreting “summary” procedures.

These cases reflect a trend towards a more enforcement-friendly approach, aligning with the UAE’s position as an international business center.

How Khairallah Advocates & Legal Consultants Can Assist

At Khairallah Advocates & Legal Consultants, we offer comprehensive support in enforcing foreign judgments in the UAE:

1. Pre-Enforcement Assessment: We analyze your foreign judgment against UAE legal requirements to determine enforceability.
2. Document Preparation: Our team handles the complex process of document authentication and translation.
3. Strategic Planning: We develop strategies to address potential challenges specific to your case.
4. Court Representation: Our experienced litigators represent you throughout the enforcement process, from filing to execution.
5. Post-Judgment Assistance: We assist in identifying and attaching the defendant’s assets for effective execution.
6. Ongoing Legal Support: We provide continuous guidance on UAE legal developments affecting foreign judgment enforcement.

Conclusion

The enforcement of foreign judgments in the UAE has become more straightforward in recent years, but it remains a complex process requiring expert navigation. By understanding the legal framework, preparing meticulously, and leveraging experienced legal counsel, practitioners can significantly improve their chances of successful enforcement in the UAE’s evolving legal landscape.

Having said that, Contact Khairallah Advocates & Legal Consultants and benefit from our free 30-min legal consultation.

*Disclaimer: our blogs, law updates and FAQ’s are freely distributed for educational purposes and to showcase recent updates and regulations in the UAE’s framework.

If you have any questions and need assistance, contact us at our number or book an appointment online.