Everything you need to know about the enforcement of foreign judgments in the UAE | Al Rowaad Advocate and Legal Advisor

Foreign court judgments issued outside the UAE can be enforced in the UAE.

These judgments may be enforced in courts within the UAE based on either: (a) the Code of Civil Procedure; (b) bilateral or multilateral treaties concluded between the UAE and another country.

Procedure under the Civil Procedure Code

The procedure for the enforcement of foreign court judgments in the UAE is set out in Article 85 of Cabinet Decision No. 57/2018 of Federal Law Regulation No. 11/1992 on Civil Procedures (Civil Procedure Regulations).

According to Article 85(1) of the Civil Procedure Regulations, judgments made in foreign countries may be enforced in the UAE under the same conditions as those imposed by the laws of that country for the execution of judgments made in the UAE.

In summary, the steps to be followed to enforce a foreign court order are as follows.

1. Submit a petition: First, the parties must file an application with the executive judge in accordance with the provisions of Article 85, paragraph 2, of the Civil Procedure Code.

The petition shall contain all relevant details as required by Article 16 of the Code of Civil Procedure. These include applicant details such as: name, identification documents, occupation, occupation, residence, contact details, etc. The petition should also contain similar details of the accused. It should also include the name of the court in which the action was brought, the date the action was brought, the subject matter, requirements and reasons, and the applicant’s signature.

2. Judge verified:

The judge will verify the following before passing any order to enforce the sentence.

1. A national court does not have exclusive jurisdiction over a dispute in which a judgment or order is made, and the foreign court that issued the judgment or order has jurisdiction in accordance with the rules of international jurisdiction established by its law.

2. Judgments or orders are issued and duly approved by the court in accordance with the laws of the country in which they are issued.

3. Litigants in cases with foreign judgments are summoned and formally represented.

4. Judgments or orders have res judgment in accordance with the law of the court in which they were made, but only to the extent that the judgment obtains res judicata or is provided in the same judgment.

5. This judgment does not conflict with a judgment or order made by a state court, nor does it contain anything contrary to public order or morals.

The executive judge has the right to obtain documents in support of the application before making a decision.

3. Judge’s decision

The judge will issue the order within five days from the date the petition is filed. The judge’s order can be appealed according to the rules and procedures for making an appeal.

treaty or convention

In conclusion, it should be noted that if there is an existing treaty between the UAE and the country in which the judgment is enforced in the UAE, the provisions of that treaty apply. The UAE has entered into such bilateral agreements with several countries to simplify the enforcement process of foreign judgments in the UAE.

Article 88 of the “Civil Procedure Regulations” provides for this, as follows.

“The rules set forth in this chapter do not affect the provisions of treaties and agreements between States and other States concerning the enforcement of foreign judgments, orders and assurances.”