The enforcement of foreign judgments in the United Arab Emirates (UAE) is governed by a mix of domestic laws, bilateral treaties, and international conventions. Given the UAE’s position as a global business hub, understanding the legal framework for recognizing and enforcing foreign judgments is crucial for individuals and businesses operating across jurisdictions.
Legal Framework for Enforcement
- The Civil Procedure Code
The enforcement of foreign judgments in the UAE is primarily regulated under Federal Law No. 11 of 1992 (UAE Civil Procedure Code), as amended by Federal Decree-Law No. 42 of 2022. Articles 85 to 88 outline the conditions for recognizing and enforcing foreign judgments.
- International Treaties
The UAE is a signatory to several bilateral and multilateral treaties facilitating the enforcement of foreign judgments. The most notable agreements include:
- The Riyadh Arab Agreement for Judicial Cooperation (1983): Applicable among Arab League member states.
- The GCC Convention for the Execution of Judgments, Delegations, and Judicial Notices (1996): Facilitates enforcement within GCC countries.
- Reciprocity Principle
In the absence of a treaty, the UAE courts apply the principle of reciprocity. This means that foreign judgments may only be enforced if the issuing country recognizes UAE judgments in return.
Requirements for Enforcement
To enforce a foreign judgment in the UAE, certain procedural and substantive requirements must be met:
- Jurisdiction of the Issuing Court
The foreign court must have had jurisdiction in accordance with its laws and not contravene UAE jurisdictional rules.
- Finality of the Judgment
The foreign judgment must be final and binding. Interim or provisional orders are not enforceable.
- Compliance with UAE Public Policy
Foreign judgments must not violate UAE public policy, morality, or the principles of Islamic Sharia, which underpin the country’s legal system.
- Absence of Contradictory Judgments
The judgment should not conflict with a decision previously issued by a UAE court in the same matter.
- Due Process
The foreign court must have respected the principles of natural justice, including proper notice to the defendant and the opportunity to present a defense.
Enforcement Procedure
The process for enforcing a foreign judgment in the UAE involves the following steps:
- Filing a Request
The judgment creditor must file a civil execution application with the UAE court, accompanied by:
- A certified copy of the foreign judgment.
- A certificate confirming its finality.
- A sworn Arabic translation of all documents.
- Review by the Court
The UAE court will not re-examine the merits of the case. Instead, it will ensure compliance with the requirements outlined above.
- Court Order
If all conditions are satisfied, the UAE court issues an execution order, enabling enforcement through local mechanisms.
Challenges to Enforcement
- Public Policy Exceptions
The broad interpretation of public policy can sometimes hinder enforcement, especially in cases involving:
- Contravention of Sharia principles.
- Disputes related to family law or inheritance.
- Reciprocity Issues
Enforcement can be denied if the foreign country does not reciprocate in recognizing UAE judgments.
- Procedural Errors
Failure to provide proper documentation or translations can delay or prevent enforcement.
Alternatives to Court Enforcement
- Arbitration
The UAE is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958). Foreign arbitral awards are often easier to enforce than court judgments, as they bypass some public policy hurdles.
- Settlement Negotiations
In commercial disputes, parties may opt for amicable settlements to avoid lengthy enforcement procedures.
Conclusion
Enforcing foreign judgments in the UAE involves navigating a complex interplay of domestic laws, international treaties, and principles of public policy. While the legal framework provides mechanisms to facilitate enforcement, challenges related to reciprocity, public policy, and procedural compliance can arise. Businesses and individuals seeking to enforce foreign judgments in the UAE should engage legal counsel familiar with the jurisdiction’s nuanced requirements to maximize their chances of success.
This comprehensive understanding ensures that foreign creditors and international litigants can confidently navigate the UAE’s enforcement landscape.
