Introduction: Globalization and the Rise of Cross-Border Dispute Resolution
In the interconnected landscape of global commerce, the demand for robust mechanisms to enforce foreign judgments has never been more critical. This is particularly relevant for individuals and businesses in Europe and the United States with commercial ties to the United Arab Emirates—a thriving international trade hub. The legal system of the United Arab Emirates, which incorporates both civil law and common law principles, presents both opportunities and complexities for cross-border litigants.
Understanding the law on the enforcement of foreign judgments, the applicable court jurisdictions, and the conditions of reciprocity is essential for effective risk management and successful international dispute resolution and asset recovery. Recent reforms, including Federal Decree‑Law No. 42 of 2022 (the United Arab Emirates Civil Procedure Code), have further refined the legal framework, updating procedures for court recognition, reciprocity, and injunctive relief.
Legal Foundations: Sources of Law and Treaty Regimes
The starting point for enforcement of foreign judgments in the United Arab Emirates is Federal Decree‑Law No. 42 of 2022, which replaced Federal Law No. 11 of 1992 on Civil Procedures and is currently the authoritative statute. The law sets out the comprehensive framework for recognizing and executing foreign judgments before onshore courts in the United Arab Emirates and clarifies the conditions under which foreign judgments are enforceable. Key provisions include Article 222, which outlines the general criteria for enforcement, and Article 225, which permits provisional measures and injunctive relief.
Furthermore, the United Arab Emirates is a signatory to several bilateral and multilateral treaties facilitating the mutual recognition and enforcement of civil and commercial judgments. Treaties include the 1983 Riyadh Arab Convention for Judicial Cooperation, the 1996 Convention for the Execution of Judgments, Delegations and Judicial Notifications of the Gulf Cooperation Council, and various agreements with countries such as France, China, and India.
Where a treaty applies, it takes precedence, streamlining and sometimes simplifying enforcement requirements. For countries lacking direct treaty coverage, the principle of reciprocity governs—courts in the United Arab Emirates will consider whether that country’s courts have recognized and enforced judgments from the United Arab Emirates in practice.
Notably, the enforcement regime differs between onshore courts, the Dubai International Financial Centre Courts, and the Abu Dhabi Global Market Courts, with the latter two offering flexible common law based procedures.
Core Requirements: Initiating Enforcement Proceedings
To enforce a foreign judgment in the United Arab Emirates, applicants must satisfy strict procedural and substantive requirements:
- The foreign court must have exercised proper jurisdiction in accordance with the private international law rules of the United Arab Emirates—usually meaning the defendant was domiciled or resident in the foreign country, or submitted to its jurisdiction by contract.
- The judgment must be final and conclusive, not subject to further appeal, and issued on the merits.
- The proceedings must have complied with due process and the principles of natural justice, including adequate notification and the opportunity for all parties to be heard.
- The underlying judgment must not contravene public policy or morality of the United Arab Emirates.
- The courts of the United Arab Emirates must not have exclusive jurisdiction over the matter. If exclusive jurisdiction (such as over immovable property in the United Arab Emirates) exists, enforcement will be denied.
- There must be proof of reciprocity, unless a relevant treaty is in place.
Applications for enforcement are typically brought before the civil court with territorial competence over the place where enforcement is sought, often via an expedited procedure before the enforcement judge. Parties must provide authenticated judgment documents, certified Arabic translations, and evidence of service on the original defendant. If challenged, enforcement can become adversarial and may take longer than the typical three to six-month timeline.
Court Jurisdictions and the Role of Dubai International Financial Centre and Abu Dhabi Global Market Courts
The dual court system of the United Arab Emirates introduces a strategic dimension to cross-border litigation. While onshore courts in the United Arab Emirates apply civil law principles and require stringent proof of reciprocity, the Dubai International Financial Centre and Abu Dhabi Global Market free zone courts—structured along common law lines—offer alternative venues for enforcement.
The Dubai International Financial Centre Courts do not require proof of reciprocity as a condition for recognizing foreign judgments. Recognition is based on common law principles, and the courts generally accept applications for recognition when jurisdictional and procedural requirements are satisfied.
The Dubai International Financial Centre Courts may serve as a conduit jurisdiction in appropriate cases, enabling a party to obtain recognition of a foreign judgment within the Dubai International Financial Centre and subsequently seek enforcement through the competent execution courts of the Emirate of Dubai, subject to the principles governing jurisdictional conflicts and the oversight of the Joint Judicial Committee.
Memoranda of understanding between the Dubai Courts and the Abu Dhabi Global Market Courts, including the memorandum signed on 4 November 2019, continue to regulate reciprocal enforcement cooperation. However, certain matters—such as real estate and employment disputes—remain exclusively within the jurisdiction of onshore courts in the United Arab Emirates, in relation to the enforcement of foreign judgments.
Additionally, a Joint Judicial Committee helps resolve jurisdictional conflicts and prevents parallel, contradictory judgments between onshore and free zone courts.
Reciprocity and Public Policy Limitations
Reciprocity remains a cornerstone of the approach taken by the United Arab Emirates when no direct treaty exists. The enforcing court will examine whether judgments from the United Arab Emirates have historically been recognized and enforced in the foreign jurisdiction.
Reciprocity with the courts of England and Wales has been affirmed following the enforcement of judgments issued by courts in the United Arab Emirates before the courts of England and Wales, as confirmed in communications by the Ministry of Justice—a significant development for European and United States parties.
However, enforcing a judgment is not automatic. The courts of the United Arab Emirates are empowered to reject enforcement if the foreign judgment offends public policy of the United Arab Emirates or addresses matters reserved to the exclusive jurisdiction of courts in the United Arab Emirates.
Restrictions on enforcement commonly arise in matters involving interest where it conflicts with the public policy of the United Arab Emirates, family law and inheritance matters, and rights related to immovable property located within the United Arab Emirates, which fall under the exclusive jurisdiction of onshore courts.
There have also been cases where courts in the United Arab Emirates denied enforcement even where concurrent jurisdiction existed, although judicial interpretations are evolving in line with recent Supreme Court guidance.
Injunctive and Provisional Relief: Protecting Cross-Border Rights
Federal Decree-Law No. 42 of 2022, particularly Article 225, grants the courts of the United Arab Emirates clear authority to issue provisional and precautionary measures, including interim freezing orders, asset attachment orders, travel bans, and other urgent measures designed to preserve rights and prevent the dissipation of assets. These measures may be sought before the commencement of substantive proceedings or at any stage during the litigation or enforcement process.
However, it is important to note that the courts of the United Arab Emirates do not generally enforce foreign interim or injunctive orders, because such measures do not constitute final and conclusive judgments on the merits as required under Article 222 for enforcement of foreign judicial decisions. As a result, an applicant holding a foreign court’s interim injunction must file a fresh application before the competent court in the United Arab Emirates in order to obtain equivalent local protective measures. The foreign interim order may be submitted as persuasive evidence of urgency or risk of asset dissipation, but it cannot be enforced as a judgment.
Parties seeking such urgent remedies should be prepared to demonstrate the risk of irreparable harm, the urgency of the situation, and the ultimate enforceability of the foreign order within the legal context of the United Arab Emirates. This framework ensures that claimants in cross-border disputes can secure rapid protective relief within the United Arab Emirates while recognizing the legal distinction between enforceable foreign final judgments and non-final foreign provisional measures.
On the other hand, the Dubai International Financial Centre Courts have established practice in recognizing and, where appropriate, enforcing interim measures from foreign courts provided jurisdictional standards are met.
Practical Considerations and Current Trends
Enforcement of foreign judgments in the United Arab Emirates has become more predictable with the adoption of the 2022 Civil Procedure Code and recent court practice favoring international cooperation. Nevertheless, pitfalls remain. Delays can arise if there is insufficient evidence of reciprocity, or if the court has concerns about due process or public policy. The nuanced differences between onshore, Dubai International Financial Centre, and Abu Dhabi Global Market courts require careful forum selection and strategic planning.
Moreover, The 2019 Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the Hague Judgments Convention) has entered into force internationally; however, the United Arab Emirates is not yet a contracting state. It nevertheless represents a possible avenue for future harmonization.
For Europeans and Americans advancing or defending cross-border claims in the United Arab Emirates, it is critical to seek tailored, jurisdiction-specific legal advice, ensure complete documentation, and anticipate possible challenges on grounds of jurisdiction, public policy, or procedural irregularities.
Conclusion
The United Arab Emirates continues to solidify its reputation as a global commercial center, offering robust and evolving legal mechanisms for enforcing foreign judgments. However, practical success depends on meticulous planning, awareness of the interplay between court jurisdictions, and a clear understanding of local requirements concerning reciprocity, public policy, and injunctive relief.
If you are contemplating enforcement of a foreign court judgment or provisional measure in the United Arab Emirates, promptly consult specialized law firms with established credentials in cross-border litigation in the United Arab Emirates. Taking proactive legal advice is the best way to secure your interests and leverage the modernized legal framework of the United Arab Emirates for international enforcement.
For any queries or services regarding legal matters in the UAE, you can contact us at (+971) 4 3298711, or send us an email at proconsult@uaeahead.com, or reach out to us via our Contact Form Page and our dedicated legal team will be happy to assist you. Also visit our website https://uaeahead.com
Article by ProConsult Advocates & Legal Consultants, the Leading Dubai Law Firm providing full legal services & legal representation in UAE courts.
