The answer to the query is, that the UAE judicial system allows the execution of foreign judgments issued by foreign courts and arbitration tribunals after considering the availability of some conditions in those foreign judgments before they are executed within the State.
Nour Attorneys Law Firm consist team of lawyers which works in a highly accurate, professional manner to execute the judgments issued by courts or arbitral tribunals outside the UAE. Moreover, we also provide consultation services to our clients in case if they intend to execute the judgments in the UAE, to ensure that our clients meet the legal requirements required to execute foreign judgments in the UAE and to ensure prompt collection of the amounts due before the opponent side or disburses the assets by means of a sale or transfer of ownership to the wife or relatives, etc.
Here are some examples mentioned below containing some conditions wherein the foreign courts judgments are executed by UAE Courts:
The Court shall verify the fact that it has jurisdiction over the dispute and the extent of the contradiction of such fact with the judgment issued by the foreign country. For better understanding an example is illustrated below: –
“Suppose, in a case where the judgment to sell a property in the United Arab Emirates from a foreign court has been issued against the person who is in violation of the applicable UAE law, and such property is based under the jurisdiction of the UAE Court.
Moreover, an additional example would be if the foreign judgment has an obligation to pay a sum amount of money and the request by the party who has the judgment in his/her favor to sell the property of the judgment debtor in the state according to the judgment. Moreover, many disputes are not subject to foreign courts, such as the cancellation and registration of trademarks in the UAE and the cancellation of trade licenses and dissolution of companies, etc.”
Therefore, one should pay careful consideration while choosing the type of applicability of law submitted before the foreign court to ensure that it does not conflict with the jurisdiction of the United Arab Emirates.
The competent court in the United Arab Emirates, through examining foreign judgments, laws, and documents, seeks to investigate and ensure that the judgment debtor has been notified in the UAE or there are attempts to notify him in an adequate manner, but all means went into vain.
Then in such a cases, many problematic issues arise that we strive to direct our clients during the filing of the case outside the UAE, including the submission of applications for notifying the opponent in his/her home country is UAE, or by using channels through diplomatic means or registered postal telegrams, in order to ensure sufficient acceptance by the court’s notification system.
Therefore, you should clearly notify your opponents about the judgment, especially if the defendant’s domicile is in the United Arab Emirates and where the judgment is to be executed, as this will lead to problems whether the notification was done and if it is true in accordance with the law in force in the country of the notification and other problematic issues.
The competent court in the UAE ensures that the subject of the dispute between the parties does not contravene the public order of the state, even if it is authorized in the foreign country. For example, claiming the value of narcotic drugs that are legally allowed to be sold in other countries and sold from licensed centers.
In such case, even though the sale and purchase process in the country in question is lawful, the UAE courts will refuse to enforce these judgments since the sale of drugs is contrary to public order and morals in the UAE.
However, you may find that some things are illegal in the UAE, but you can claim them as they are not against the law, for example, if a licensed store sells a weapon to someone else in a state which it is authorized to sell weapons, courts in the UAE may find this to be a business in the country of question and may not object to considering it as legal transaction, other than drugs. The reason for this is the legislator’s view of the work, regarding the nature of the dealings and an assessment of any breach of public order.
Based on the above assumptions, gambling, sexual services, compound interest for loans and debt as well as interest on loans among individuals can be added to list for breaching morality.
You must verify that the judgment submitted for execution in the UAE courts has been issued and it is final. The judgment should include what indicates that the said judgment is considered final, or the executing court may request for an independent certificate stating that in the absence of any evidence of such aspect in the text of the said judgment.
You must verify that there is no conflict between the final judgment issued in a foreign country and the judgments issued in the UAE, as the final judgments in the UAE shall surpass the foreign judgments required to be enforced. If there is a conflict between the judgments to the extent that allows the execution of a non-contradictory part, then, you should execute the non-contradictory part according to the decision of the court awaiting the ratification of the foreign judgment.
In conclusion, there are many other requirements to be met, hence, you should always make sure to consult our highly professional, skillful lawyers at Nour Attorneys Law Firm, before filing any claims abroad to ensure execution of foreign judgment may be done by UAE courts. This can be possible by anticipating the necessary requirements that should be met to execute the foreign judgments in accordance with the UAE law in a timely manner.