Enforcement of Foreign Judgments in the UAE

Introduction

If anyone has obtained a judgment in their favour in a foreign court and wants to enforce it in the UAE, they often wonder whether it is permissible and, if so, what the process is. The good news: foreign judgments and arbitral awards can be enforced in the UAE. 

But enforcing a judgment in the UAE is not automatic, and a strict procedure has to be followed for the same, which usually has two stages:

• Ratification: UAE courts verify the foreign judgment, or award, and recognise it as valid in the UAE. 
• Actual Enforcement: By filing an application and taking the required legal steps to apply to the relevant court in the UAE, the judgment can be enforced. 

Note: Making any mistake in the legal process can delay execution of the judgment in the UAE. 

Which Laws Govern the Enforcement of Foreign Judgements in the UAE?

Along with various bilateral treaties, the UAE has entered into multiple countries (including India, China, the U.K., France and Kazakhstan) for the enforcement of foreign judgements, and the following laws are also applicable for execution:

• Gulf Cooperation Council (GCC) Convention for the Execution of Judgments, Delegations and Judicial Notifications 1996: As a member of the GCC Convention, the UAE is bound to execute the final judgments issued by the courts of any other country member to the convention. 

However, the convention also provides grounds when execution may be refused. 

• Riyadh-Arab Agreement for Judicial Co-operation 1983: Similar duties for the enforcement of foreign judgements are given under the Riyadh Convention as well.
• New York Convention on Recognition and Enforcement of Foreign Arbitral Awards: Through Federal Decree Law No. 43 of 2006, the UAE accepted and enforced the New York Convention. 
• Free Zone Agreements: Specialised courts in the Dubai International Financial Centre (DIFC) and Abu Dhabi Global Market (ADGM) have agreements with other international commercial courts to enforce international judgements and orders in the UAE. 
• UAE Civil Law: Articles 222 and 224 of the UAE Federal Law no. 42 of 2022 provide for the enforcement of a foreign judgment when no bilateral and multilateral convention is applicable.
• Reciprocity: Certain foreign judgements (such as those of U.K. courts) may be enforced in the UAE, even in the absence of a treaty or convention, due to the principle of reciprocity. The principle is provided under Article 85 of the Cabinet Decision No. 57 of 2018 on the Regulations of Federal Law No. 11 of 1992 (Civil Procedure Code).

Important: If the UAE does not have a treaty or agreement with a foreign country, the process and conditions of enforcement would depend on the provisions of the UAE Federal Law. 

When Can a Foreign Judgment Be Enforced in the UAE?

For a foreign judgment or order to be enforced in the UAE, the judgment must:

• Be pronounced by a foreign country’s court with which the UAE has a treaty or agreement
• Be ratified by the UAE courts
• Be in accordance with the laws of the foreign country
• Have attained finality, i.e. it must not be appealable
• Not contrary to the public order, the morality of the laws of the UAE, or Sharia principles.
• Have been a result of a fair trial, where the parties had an opportunity to represent and defend themselves
• Be passed by a court that had proper jurisdiction, i.e. the UAE courts must not have exclusive jurisdiction over the dispute on which the judgment or order has been given.

Critical Note: The above grounds are in accordance with the Civil Law of the UAE, and there may be additional instances when a foreign order or judgment may be enforced. Not meeting any of the above conditions may lead to delay or refusal of enforcement in the UAE. 

Get Legal Help: Kayrouz & Associates’ International Law team advises and assists businesses and individuals in determining the jurisdiction and effectively enforcing foreign judgments in the UAE. 

How to Enforce a Foreign Judgement in the UAE?

Typically, it takes around three to six months for a foreign judgment to be enforced in the UAE; however, if the enforcement is contested, the process may take longer. 

Most foreign court judgements are classified as writs under Article 212 of the UAE Civil Procedure Law and must be executed within 15 years from the date of the last enforcement action.

Enforcement of a Foreign Judgment in the UAE under the Civil Procedure Law

Unless a foreign judgment is being enforced under a bilateral or multilateral treaty, the following steps, given under Article 222 of the UAE Civil Procedure Law, would apply:

1. Establishing Reciprocity: It would have to be shown that an equivalent UAE judgment would also be enforced in the foreign country’s court. 
2. Execution Judge: A petition for enforcement needs to be filed with the execution judge, and the court fees must be paid. Unless the conditions of enforcement are met, an order for enforcement is passed within five days. 

Enforcement of a Foreign Judgment in the UAE Under the Riyadh Convention

The procedure for enforcement under the Riyadh Convention is subject to the laws of the country that is requesting enforcement. To enforce a judgment in the UAE, the following documents must be filed:

• Complete and official copy of the foreign judgment 
• Certificate attesting that the judgment is final 
• If the judgment is pronounced without the defendant being present, notice documents must be provided to prove that they were duly informed about the judgment and the underlying action, but failed to represent themselves or provide a defence. 

Critical Note: The requirements and procedures of enforcement of a foreign judgment or order in the UAE, in the DIFC, ADGM, or under any other convention or treaty may differ. 

Assistance from Experienced UAE Attorneys: Kayrouz and Associates offer legal advice in navigating differing international treaties and conventions, ensuring proper enforcement of a foreign judgment in the UAE. 

How Kayrouz & Associates Can Assist in the Enforcement of a Foreign Judgement in the UAE

With 25-plus full-time lawyers and consultants, having an average PQE of 16 years, Kayrouz & Associates provides strategic and tailored advice grounded in expertise in the UAE law, ensuring the best possible outcome. 

Kayrouz & Associates’ Civil Law and International Law teams provide a strategic assessment of the case and assist in successfully enforcing a foreign judgment or order in the UAE. Here’s where we can help:

• International arbitration and dispute resolution
• International legal opinions
• Jurisdiction and Enforcement of Foreign Judgments
• Treaty interpretation and sovereign relations
• Civil appeals and review procedures

Book a consultation or visit Kayrouz & Associates’ strategically positioned offices in Dubai, Abu Dhabi and Beirut to discuss your foreign judgment enforcement case in the UAE.

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