The UAE judicial system ensures the execution of foreign judgments issued by foreign courts and arbitration tribunals by obtaining judgments to execute foreign judgments. Accordingly, the UAE courts shall execute the foreign judgment after considering the availability of some conditions in those foreign judgments before they are executed within the State, including, for example:
Nour Attorneys & Legal Consultants team 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, in order 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 hides or disburses the assets by means of a sale or transfer of ownership to the wife or relatives, etc.
(1) The Non-Exclusive Jurisdiction of the Courts of the United Arab Emirates Regarding the Dispute
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. A common example is the issuance of a judgment to sell a property in the United Arab Emirates from a foreign court in favor of a person in violation of the applicable UAE law, which stipulated the jurisdiction of the court in which the property is located. Moreover, an additional example would be if the foreign judgment was an obligation to pay a sum of money and the request by the party who is the judgment is executed in his favor to sell the property of the judgment debt in the state according to the judgment. Moreover, many disputes are not subject to 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 when choosing the type of application submitted to the foreign court to ensure that it does not conflict with the jurisdiction of the United Arab Emirates.
(2) Ensuring the Notification of the Judgment-Debtor Parties in the UAE
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 adequately, but all in vain. In such a case, many problematic issues arise that we strive to direct our clients regarding them during the filing of the case outside the UAE, including the submission of applications for notifying the opponent in his/her home country, the UAE, through diplomatic means or registered postal telegrams, in order to ensure sufficient acceptance by the court of the notification system.
Therefore, you should clearly notify your opponents of judgments, 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 as whether or not 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.
(3) The Non-Violation of Judgments of the Public Order in the United Arab Emirates
The competent court in the UAE shall ensure 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 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, the nature of the dealings and an assessment of this breach of public order.
Based on the above assumptions, we can add to this list gambling, sexual services, compound interest for loans and debt as well as interest son loans among individuals.
(4) Verifying that the Judgment Issued by the Foreign Competent Court is Final
You have to verify that the judgment submitted for execution in the UAE courts has been issued and that it is final. The judgment should include what indicates that the said judgment is considered final or the court may request an independent certificate stating that in the absence of any evidence of such aspect in the text of the said judgment.
(5) The Judgment should not Conflict with any Final Judgments that are Issued in the UAE
You have to verify that there is no conflict between the final judgment issued in a foreign country and the foreign 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 and legal consultants at Nour Attorneys & Legal Consultants, before filing claims abroad to ensure getting the UAE judgments to execute the said foreign judgments in the UAE quickly. This is can be possible by anticipating the necessary requirements that should be met in order to execute the foreign judgments in accordance with the UAE law in a timely manner.
August 4, 2021
July 3, 2021