International legal cooperation is paramount in today’s globalized world, where cross-border transactions and disputes are increasingly common. One crucial aspect of this cooperation is recognizing and enforcing foreign judgments and arbitral awards. This article delves into the legal framework governing these processes in the United Arab Emirates (UAE), drawing upon relevant UAE laws and international conventions to provide a thorough understanding.

Recognition and Enforcement of Foreign Judgments:

Foreign judgments are judicial decisions issued by courts outside the UAE’s jurisdiction. The UAE legal system upholds the principle of comity, which entails respecting and enforcing foreign judgments, subject to specific conditions and procedures. The primary legislation overseeing the recognition and enforcement of foreign judgments in the UAE is Federal Law No. 42 of 2022 concerning the Civil Procedure Code (CPC).

The execution of foreign judgments, as outlined in Article 222 of the CPC, requires adherence to certain criteria. These include:

Confirmation of jurisdictional competence in the foreign court’s jurisdiction.

Verification of the foreign judgment’s legal validity and finality.

Ensuring the judgment does not contravene UAE public order.

Confirming the absence of conflict with prior UAE court judgments.

Once these conditions are met, the party seeking enforcement may petition the competent UAE court, which will then assess compliance with the specified requirements and, if satisfied, issue an order for enforcement.

Recognition and Enforcement of Arbitral Awards:

Arbitration serves as a popular alternative dispute resolution mechanism for international commercial disputes. The enforcement of arbitral awards in the UAE is governed by both domestic legislation and international conventions, exemplifying the UAE’s commitment to facilitating such enforcement.

The primary legislative framework for recognizing and enforcing arbitral awards in the UAE is Federal Law No. 6 of 2018 on Arbitration (as amended), which aligns with the UNCITRAL Model Law on International Commercial Arbitration. Article 55 of this law stipulates conditions for the recognition and enforcement of arbitral awards, including:

Validity of the arbitration agreement.

Absence of grounds for annulment.

Adherence to the New York Convention’s provisions for the recognition and enforcement of foreign arbitral awards.

The UAE’s adherence to international conventions such as the New York Convention, the Riyadh Arab Agreement for Judicial Cooperation, and the GCC Unified Economic Agreement further facilitates the recognition and enforcement of arbitral awards.

Arbitral Awards in the UAE

Conclusion:

The recognition and enforcement of foreign judgments and arbitral awards are vital components in fostering international trade and investment. In the UAE, this process is governed by a robust legal framework comprising domestic legislation and international conventions. By adhering to prescribed conditions and procedures, parties involved in cross-border disputes can navigate the complexities of international legal enforcement and ensure the efficacy and integrity of the international dispute resolution process.