Enforcement of Foreign Judgments in the UAE

Introduction

As a center for international trade and dispute resolution, the UAE has established a clear legal framework for the recognition and enforcement of foreign judgments. The main framework is the Federal Decree-Law No. 42 of 2022 on the Civil Procedure Law and its amendments, which replaced the Federal Law No. 11 of 1992.

The Statutory Foundation of Enforcement under Federal Decree-Law No. 42 of 2022

The main mechanism for the domestic enforcement of judgments and orders issued by foreign courts is contained in Section 3 of the 2022 Civil Procedure Law, which comprises Articles 222 to 225. Under Article 222, foreign judgments and orders are enforceable within the United Arab Emirates on the same conditions as those provided for by the laws of the originating country for the enforcement of judgments issued within the United Arab Emirates.

An enforcement order can only be made by the competent enforcement judge if the petition satisfies a number of substantive prerequisites pursuant to Article 222(2). These requirements are applied with care so that valid foreign judgments can be enforced without infringing the State’s sovereignty or public policy.

The first requirement under Article 222(2)(a) is that the UAE courts must not have exclusive jurisdiction over the dispute in which the foreign judgment or order was issued. Furthermore, the foreign court that rendered the decision must have possessed jurisdiction in accordance with the rules of international jurisdiction applicable under its own law. Under Article 222(2)(b), the judgment or order must also have been issued by a court in accordance with the law of the country in which it was rendered and must be duly authenticated or ratified, as applicable. The execution judge is therefore required to verify both the jurisdiction of the foreign court and the formal validity of the judgment under the law of the issuing country before granting enforcement.

Article 222(2)(c) provides that the litigants in the case in which the foreign judgment was rendered were duly summoned and represented. The judgment creditor should therefore be able to demonstrate that the parties were informed of the foreign proceedings in accordance with the rules of the issuing country court and that the proceedings were conducted in a manner that allowed for proper representation. This requirement is particularly important in the case where the judgment was issued in the absence of one of the parties, as the UAE execution judge may check whether the summons and representation requirements have been complied with prior to allowing enforcement.

The documentation required to satisfy this condition may include proof of service or notification, together with documents showing that the judgment is final and enforceable in the country of origin. The focus at the enforcement stage is on procedural compliance rather than a re-examination of the merits of the foreign dispute.

Article 222(2)(d) provides that the foreign judgment or order shall have the force of res judicata in accordance with the law of the court that rendered it. This means that the judgment must be final, binding, and enforceable in the country of origin. The requirement may be satisfied where the judgment has already acquired the force of res judicata under the issuing court’s law, or where the judgment itself states that it has such force. The judgment creditor should, as may be necessary, therefore lead evidence to prove that the judgment or order is final and enforceable.

Article 222(2)(e) states that the foreign judgment should not be inconsistent with any judgment or order passed by a UAE court and should not contain anything that is contrary to public order or morals in the UAE. Refusal of enforcement may be justified on the grounds that the same dispute has already been adjudicated by a court in the UAE or that the foreign judgment leads to a result contrary to the fundamental legal, moral or public policy principles of the State.

Article 223 The rules for enforcement shall apply to an arbitral award made in a foreign country. Accordingly, a foreign arbitral award may be enforced in the UAE if it meets the requirements for enforcing foreign judgments, provided that its subject matter is capable of being arbitrated under UAE law and that it is enforceable in the State of its origin.

Article 224 applies to authenticated documents and to minutes of conciliation ratified by foreign courts. They may be executed in the UAE under the same conditions applied in the foreign country for enforcing UAE judgments. “The application should be submitted to the execution judge, who should verify the enforceability under the law of the authentication or ratification country and ensure enforcement does not contravene the public order or morals of the UAE.

Article 225: The Priority of Treaties

The default framework is the 2022 Civil Procedure Law, however Article 225 states expressly that the provisions of international treaties and agreements to which the United Arab Emirates is a party shall prevail over domestic legislation. Where a treaty applies, the enforcement process is simplified, and the requirements of Article 222 are often avoided in favor of the rules specific to that convention.

The Riyadh Arab Convention (1983)

The Riyadh Arab Convention for Judicial Cooperation provides a treaty basis for the recognition and enforcement of judgments among contracting Arab states. Under Article 25, judgments rendered by criminal courts in civil, commercial, administrative, personal status, and civil rights cases shall be recognized if they have the force of res judicata and if the court that issued the judgment had jurisdiction according to the Convention. Reasons for refusal are set out in Article 30, which include a conflict with Islamic Sharia, the Constitution, public order, improper notification in absentia judgments, lack of proper representation for persons lacking capacity, conflicting final judgments, or prior pending proceedings.

The GCC Convention (1996)

The GCC Convention of 1996 on the Execution of Judgments, Delegations and Judicial Notifications provides a regional mechanism for the enforcement of judgments between GCC states. According to Article 1, judgments in civil, commercial, administrative, and personal status cases rendered by the court in whose territory jurisdiction existed shall be enforceable. Article 2 provides for the refusal of enforcement if the judgment is contrary to the Islamic Sharia, the Constitution or public order; if the debtor was not duly notified; if the dispute has already been finally decided or is pending earlier in the enforcing state; if the judgment relates to official acts of the government of the enforcing state or its officials; or if enforcement is contrary to applicable international conventions.

Procedural Mechanics and the Role of the Execution Judge

The enforcement process for foreign judgments is designed to be a fast track at the first level. According to the 2022 Law, the judgment creditor files a petition for an enforcement order directly with the execution judge. This judge is assigned to the seat of each Court of First Instance, and has exclusive competence to enforce the writ and to adjudicate summary disputes concerning the enforcement.

The Five-Day Mandate

In accordance with Article 222(1), the enforcement judge shall decide on the petition for enforcement within five working days from the date of submission of the petition for enforcement. The fast timeline is intended to avoid the dissipation of assets and is indicative of the state’s transition to a more creditor-friendly environment.

Documentary Formalities and Translation Requirements

The creditor must meet stringent documentary standards for the petition to succeed. All foreign judgments and supporting documents must be authenticated and legalized by the Ministry of Foreign Affairs of the jurisdiction of origin and by the Embassy or Consulate of the United Arab Emirates. Also, Article 5 of the 2022 Law states that Arabic is the official language of the courts. Therefore, all foreign language documents should be translated into Arabic and certified by an accredited translator.

The general rule for execution, however, remains tied to Arabic translations, although English is now accepted by some courts in specialized tribunals. Failure to satisfy these formal requirements is one of the most common grounds for refusals of enforcement applications.

Once the enforcement judge issues the enforcement order, the judgment debtor must be properly notified according to the UAE procedural rules. The debtor may appeal the enforcement order after notification, within the legally prescribed rules and procedures.

Practical Illustration

In the case of a foreign family judgment enforcement, the foreign court’s divorce judgment imposed on one spouse financial obligations, including child-related expenses, maintenance payments, and repayment of a loan between family members. The judgment debtor was residing in Dubai and had not carried out the duties imposed by the foreign court. Where the debtor was in the UAE, and the enforcement against him was sought in the UAE, the UAE court applied the applicable framework of enforcement of foreign judgments. The case reaffirms that foreign family judgments are enforceable in the UAE subject to meeting certain statutory requirements. These requirements include the jurisdiction of the foreign court, proper notification and representation of the parties, the finality of the judgment, and no conflict with UAE public order or a UAE judgment.

This also means that the UAE enforcement proceedings are not meant to re-open the original divorce issue, or to re-examine the merits of the foreign judgment. The role of a UAE court is rather to satisfy itself that the legal requirements for recognition and enforcement are fulfilled.

Conclusion

Federal Decree-Law No. 42 of 2022 has put in place a structured framework for the enforcement of foreign judgments in the UAE, with Articles 222 to 225 of the decree-law being pertinent. As a rule, the UAE courts do not consider the merits of the foreign dispute but look into whether the statutory requirements for enforcement are fulfilled. These are jurisdiction, proper notification and representation, finality, no conflicting UAE judgments, and compliance with public order and morals.