Enforcement Of Foreign Judgments In The UAE

The United Arab Emirates is an important jurisdiction for the recognition and enforcement of foreign judgments, particularly where a judgment debtor or its assets are located in the UAE.

The enforcement of foreign judgments before the UAE onshore courts is principally governed by Federal Decree-Law No. 42 of 2022 Promulgating the Civil Procedure Code, as amended, in particular Articles 222 to 225.

The enforcement process does not ordinarily involve a rehearing of the underlying dispute. Rather, the UAE court considers whether the foreign judgment satisfies the legal requirements for recognition and enforcement in the UAE.

Legal Framework

Article 222 of the Civil Procedure Code provides that judgments and orders issued in a foreign country may be enforced in the UAE subject to the conditions prescribed by UAE law.

Article 222(1) also addresses reciprocity, providing for enforcement on the same conditions applicable in the foreign country to judgments and orders issued in the UAE.

Before granting enforcement, however, the Execution Judge must verify that the statutory conditions are satisfied.

Conditions for Enforcement

1. Jurisdiction of the UAE Courts

The UAE Courts must not have had exclusive jurisdiction over the dispute in which the foreign judgment was issued, while the foreign court must have had jurisdiction in accordance with the rules of international jurisdiction applicable under its own law.

Jurisdiction should therefore be examined carefully before an enforcement application is filed.

2. Jurisdiction of the Foreign Court

The judgment or order must have been issued by a court having jurisdiction in accordance with the law of the country in which it was rendered and must be duly authenticated.

3. Proper Summons and Representation

The parties against whom the foreign judgment was issued must have been properly summoned and duly represented in the foreign proceedings.

This requirement reflects the importance of procedural fairness and the right of a party to be heard.

4. Finality of the Judgment

The foreign judgment must have acquired the force of res judicata under the law of the country in which it was issued.

The applicant may therefore need to provide evidence confirming the judgment’s final and binding status where this is not apparent from the judgment itself.

5. No Conflict with UAE Judgments or Public Order

The foreign judgment must not conflict with a judgment or order previously issued by a UAE Court.

It must also contain nothing contrary to public order or morals in the UAE.

These requirements mean that obtaining a judgment abroad does not automatically result in its enforcement in the UAE.

Procedure Before the Execution Judge

The current Civil Procedure Code provides a streamlined procedure for seeking enforcement.

The application is submitted by petition to the Execution Judge rather than through an ordinary substantive action seeking recognition of the foreign judgment.

Article 222 provides that the Execution Judge shall issue an order within five working days from the date of submission of the petition. The order may be appealed directly in accordance with the applicable rules and procedures for appealing judgments.

The Execution Judge may also request supporting documents before deciding the application.

The five-working-day period should not be understood as meaning that the entire recovery and execution process will necessarily be completed within that period. Recognition and enforcement of the foreign judgment is one stage; execution against the debtor’s assets may require further proceedings.

Documents and Evidence

The documents required will depend upon the foreign judgment, its country of origin and the circumstances of the enforcement application. In practice, consideration should be given to documents establishing:

• the foreign judgment and its authenticity;
• its final and binding status;
• the jurisdiction of the foreign court;
• proper service or notification of the defendant;
• participation or representation of the parties in the proceedings; and
• certified Arabic translations of documents submitted to the UAE Courts where required.

Careful preparation of the supporting documents is important because the Execution Judge must be satisfied that the statutory conditions for enforcement have been established.

International Treaties and Conventions

Article 225 provides that the Civil Procedure Code provisions relating to foreign judgments, orders and instruments apply without prejudice to treaties and agreements between the UAE and other countries concerning enforcement.

Accordingly, before relying exclusively on Article 222, it is important to determine whether an applicable bilateral or multilateral treaty provides a specific mechanism for recognition and enforcement.

The appropriate enforcement route may therefore depend upon the country in which the judgment was issued.

Foreign Arbitral Awards

Foreign court judgments should be distinguished from foreign arbitral awards.

Article 223 addresses arbitral awards issued in foreign countries and applies the relevant Article 222 framework, subject to the additional statutory requirements concerning arbitrability and enforceability in the country where the award was issued.

International conventions may also apply to the recognition and enforcement of foreign arbitral awards. The enforcement of arbitral awards should therefore be considered separately from the enforcement of foreign court judgments.

Foreign Authenticated Documents and Settlements

The Civil Procedure Code also addresses foreign authenticated documents and settlements.

Under Article 224, authenticated documents and settlement records certified by foreign courts may be capable of enforcement in the UAE subject to the conditions prescribed by law, including their enforceability in the country of origin and consistency with UAE public order and morals.

Practical Considerations Before Enforcement

Obtaining recognition of a foreign judgment is only part of the recovery process.

A judgment creditor should also consider whether the debtor has assets in the UAE against which effective execution can take place.

Depending on the circumstances, this may include bank accounts, real estate, shares or other assets capable of being subjected to enforcement measures under UAE law.

The appropriate strategy will depend upon the judgment, its country of origin, the location of the debtor and its assets, any applicable treaty, and any potential objections to recognition or enforcement.

Conclusion

The UAE Civil Procedure Code provides a structured mechanism for the recognition and enforcement of foreign judgments.

Article 222 permits an application to be submitted directly to the Execution Judge, but enforcement is not automatic. The statutory requirements concerning jurisdiction, proper notification and representation, finality, consistency with UAE judgments, public order and reciprocity must be considered. Applicable international treaties may also affect the enforcement route.

For international businesses and judgment creditors, UAE enforcement strategy should therefore be considered at an early stage, particularly where the counterparty or its assets are located in the UAE.

Abdelaziz Alhanaee Advocates & Legal Consultancy represents clients in litigation and enforcement proceedings before the UAE Courts, including matters concerning the recognition and enforcement of foreign judgments and cross-border commercial disputes.

This article is provided for general information only and does not constitute legal advice. The applicable requirements and procedure will depend on the circumstances of each case and any relevant international treaty.