Dubai has solidified its position as a global hub for commerce and dispute resolution, supported by a robust legal framework for the enforcement of foreign judgments. The UAE Civil Procedure Law (Federal Law No. 42 of 2022) governs this process, providing clear guidelines under specific provisions.
Key Provisions of the UAE Civil Procedure Law
The enforcement of foreign judgments in Dubai is primarily governed by Articles 222 to 225 of the UAE Civil Procedure Law. These articles outline the requirements and conditions for recognizing and executing foreign court decisions, including:
- Competent Jurisdiction: Article 222(a) stipulates that the foreign court issuing the judgment must have been competent to hear the case under the rules of international jurisdiction defined by its law.
- Final and Binding Nature: The judgment must be final, binding, and not subject to further appeal in the issuing jurisdiction, as per Article 222(d).
- Proper Notification: Article 222(c) requires that the parties in the foreign proceedings must have been properly notified and given the opportunity to defend themselves.
- No Conflict with Public Policy: The judgment must not contravene UAE public policy, morals, or the principles of Islamic Sharia (Article 222(e)).
- Reciprocity Principle: Article 222(1) emphasizes that foreign judgments are enforceable in the UAE under the same conditions applied to UAE judgments in the foreign jurisdiction.
Additional Provisions
- Article 223 extends the rules of Article 222 to arbitral awards issued in foreign jurisdictions, provided the subject matter is arbitrable under UAE law and enforceable in the originating country.
- Article 224 governs the enforcement of notarized documents and settlement agreements ratified by foreign courts, requiring similar conditions for enforceability.
- Article 225 ensures that the provisions of international treaties and agreements prevail over domestic laws in cases where such treaties are applicable.
Practical Application
In addition to the Civil Procedure Law, Dubai's judiciary and the DIFC Courts provide streamlined processes for enforcement. The DIFC Courts have emerged as a preferred jurisdiction for businesses seeking swift enforcement due to their adoption of common law principles and simplified procedures
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.
