Recognition of Foreign Judgments in Dubai
Recognition of Foreign Judgments in DubaiUpdated on Monday 23rd October 2017
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Foreign investors in Dubai are interested in obtaining favorable judgments which are valid not only in the country where they have been given but also in other countries. In Dubai, the recognition of foreign judgments is possible and enforced in the courts of the United Arab Emirates or the Dubai International Financial Center. The court system in Dubai is separated from that in the UAE, however, the principles for enforcing foreign judgments observe the Civil Procedure Code throughout the emirates. Our lawyers in Dubai can provide you with information about the court system in the Emirates and the legislation which needs to be considered.
Enforceable foreign judgments in Dubai
The rules for enforcing foreign judgments in Dubai are set forth in Article 235 of the UAE Civil Procedure Law. According to this law, a foreign order or judgment will be enforced in the UAE, if there is a reciprocity in terms between the UAE and the foreign country for the enforcement of that judgment. These rulings will not be recognized in the UAE if the local courts would have jurisdiction over the initial dispute. According to law, the courts can have jurisdiction over a legal matter concerning a foreign entity in the UAE even if it does not have a place of residence in the Emirates. The condition, as set forth in the Code, is that the foreigner must have an elected address in the country.
UAE has also signed a number of treaties with other countries that allow for reciprocal enforcement of judgments. Our Dubai attorneys can give you complete information about the execution of judgments between Dubai and the GCC countries.
Requirements for enforcement
When enforcing a foreign judgment in the UAE, the candidate must make an application to the Court of First Instance which has jurisdiction in the area. The application must be accompanied by the proof that the judgment is final and cannot be subject to appeal. The applications and judgments are made in the Arabic language and our law firm in Dubai can provide the necessary assistance for dealing with any translations.
The execution of foreign judgments in Dubai
According to the Civil Procedures Law in the UAE, the execution of a foreign judgment decided by a state implied in a multilateral convention with the UAE is separated from a foreign judgment rendered by a state which is not involved in the same agreement. This is a conclusion made by the Court of Cassation in Dubai. The enforcement of the foreign judgments in the country does not influence the value of the state authority. We mention that a foreign judgment will be imposed only when it has been suitably concentrated as per the relevant measures offered. Furthermore, enforcing the foreign judgments with the above-mentioned method will not enter into conflict with the Sharia Law or with the general system of rules and regulations in the UAE.
Foreign judgments in DIFC
In Dubai International Financial Centre (DIFC) there are different rules regarding the foreign judgments in a case. For instance, if a foreign court judgment has been accepted by the DIFC Court, it then converts into a DIFC Court judgment, and under the laws applicable in Dubai. DIFC Court judgments in this situation are imposed in the onshore courts of Dubai with the support of the enforcement system which is available between the two courts.
Our Dubai attorneys can help you enforce a decision issued by a foreign court and our law firm in Dubai can help you with alternative dispute resolution methods, like arbitration. Please feel free to contact us for complete information.