Enforcement Of Foreign Judgments In The UAE

This insight focuses on enforcement of foreign judgements before the United Arab Emirates onshore courts and explains when a foreign judgment may be enforced in the UAE, the doctrine of “res judicata”, what documents are usually required, and what issues may prevent enforcement.

Can a foreign judgement be enforced in the UAE?

Yes, subject to certain conditions. Foreign judgments can be enforced before the UAE onshore courts, provided the applicable legal requirements are satisfied.

In practice, the judgments most commonly enforced are civil and commercial judgments, including those relating to unpaid debts, contractual claims, damages, business disputes, and other private law obligations. Certain family or personal status judgments may also be enforceable, but these usually require closer review, particularly in relation to UAE public policy and procedural requirements.

By contrast, foreign criminal convictions, prison sentences, and punitive criminal penalties are generally not enforced through the civil enforcement process. These matters are usually dealt with through separate criminal judicial cooperation channels, where applicable.

When considering whether a foreign judgment can be enforced in the UAE, the first question is whether there is an applicable treaty between the UAE and the country where the judgment was issued. If a treaty applies, its rules may affect the enforcement process and may take priority over the general domestic rules.

If no applicable treaty exists, the UAE court will usually consider the requirements under Article 222 of Federal Decree-Law No. 42 of 2022 on the Civil Procedure Code, including reciprocity. In simple terms, reciprocity means that the UAE court may consider whether UAE judgments would receive similar treatment in the country where the foreign judgment was issued.

What does the UAE court review?

The UAE execution judge does not usually reconsider the merits of the foreign case. The court is not there to decide whether the foreign judge was right or wrong on the facts. Instead, the court checks whether the judgment meets the statutory requirements for enforcement.

In practice, the judgment creditor may be requested to demonstrate that:

• the UAE courts do not have exclusive jurisdiction over the dispute;
• the foreign court had jurisdiction under its own rules;
• the judgment was properly issued and is valid under the law of the country where it was made;
• the parties were properly notified of the foreign proceedings and had the opportunity to participate;
• the judgment is final, binding and has the force of res judicata;
• the judgment does not conflict with an existing UAE judgment;
• enforcement would not breach UAE public order or morals; and
• reciprocity exists between UAE and the subject country exists, unless a treaty or convention provides a separate route for enforcement.

What is res judicata and why does it matter?

Res judicata is a legal doctrine which means that a dispute that has already been finally decided by a competent court should not be reopened between the same parties.

For enforcement purposes in the UAE, this means that the foreign judgment must be final and binding in the country where it was issued. It should no longer be subject to ordinary appeal, or the appeal period should have expired, unless the law of the foreign court treats the judgment as final and enforceable despite any further limited challenge.

The UAE court will usually consider whether the judgment has acquired final force. This may include:

• a certificate of finality/ enforceability;
• an attested statement from the foreign court confirming that the judgment is final;
• confirmation that the appeal period has expired; and
• wording in the judgment itself showing that it is final and enforceable

From a practical perspective, the UAE courts will generally refuse to enforce a foreign judgment that may still be changed, suspended or reversed in the country where it was issued.

What is the procedure for enforcement?

Enforcement is usually a two-step process.

1. File an order on petition before the competent Court of First Instance.

The first step is to file an order on petition to execute a judgment issued in a foreign country before the competent Court of First Instance. At this stage, the court reviews whether the foreign judgment satisfies the requirements for recognition and enforcement in the UAE. The court is not generally concerned with re-hearing the merits of the underlying dispute.

Under the Civil Procedure Code, the application is expected to be decided within a short period after submission. However, the overall timeframe can still be affected by practical issues such as document legalisation, Arabic translation, court queries, notification of the judgment debtor, objections, or appeals.

1. Open an execution file.

If the enforcement order is granted, the judgment debtor must be notified in accordance with UAE procedural rules. The judgment creditor may then file an execution case and open an execution file so that the judgment can move into the enforcement stage.

Once the matter moves into execution, the creditor may seek enforcement measures available under UAE law, depending on the assets and circumstances. These may include attachment of bank accounts, attachment of movable or immovable assets, and other execution measures.

When can enforcement be refused?

A foreign judgment may be refused enforcement in the UAE if one or more of the statutory requirements is not satisfied. The most common issues include the following:

1. Exclusive UAE jurisdiction. If the dispute falls within the exclusive jurisdiction of the UAE courts, enforcement may be refused. This is particularly important where the dispute is closely connected to UAE real estate, certain local regulatory matters, or other matters reserved to the UAE courts.
2. Problems with service or due process. If the defendant was not properly notified of the foreign proceedings, or was denied a fair opportunity to participate, the UAE court may refuse enforcement. This issue is especially important where the foreign judgment was issued in default.
3. Lack of finality. If the judgment is still subject to ordinary appeal, or the creditor cannot prove that it is final and enforceable, the UAE court may refuse or delay enforcement.
4. Conflict with UAE public order or morals. The UAE court may refuse enforcement if the judgment conflicts with UAE public order or morals.
5. Conflict with an existing UAE judgment. If the same dispute has already been decided by a UAE court, a conflicting foreign judgment may not be enforced.
6. Lack of Reciprocity. Where there is no applicable treaty, reciprocity remains a key requirement. The creditor may need to demonstrate that the foreign jurisdiction would enforce UAE judgments under comparable conditions.

Key Takeaways

• Foreign judgments can be enforced before the UAE onshore courts, provided the applicable treaty route or domestic legal requirements are satisfied.
• The UAE court does not usually re-open the merits. It focuses on enforceability, including jurisdiction, due process, finality, public order, conflict with UAE judgments and reciprocity.
• Finality is critical. If the judgment may still be appealed, suspended or reversed abroad, enforcement may be refused or delayed.
• The process usually begins with an order on petition before the competent Court of First Instance. If granted, the creditor may then open an execution file and seek execution measures against UAE assets.
• Legalized documents, Arabic translations and evidence of finality or reciprocity should be prepared in advanced.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.