21. Dezember 2021
Our team in Dubai and its local counsel have successfully applied to the Dubai Courts for the recognition and enforcement of a judgment issued by the Courts of England & Wales in onshore Dubai courts.
The first of its kind, this order by the Dubai Courts will hopefully pave the way for greater reciprocity in the recognition and enforcement of judgments between the UAE and England & Wales. It follows last year’s judgment in Lenkor Energy Trading DMCC v Puri  EWHC 75 which saw the English Courts recognising and enforcing a judgment issued by the Dubai Courts.
Speaking about the order, senior associate Abdalla Eisa said: “We do urge caution as the circumstances in which a foreign judgment will be issued are subject to the conditions expressly stipulated by Article 85 of the Executive Regulations of the UAE’s Civil Procedures Law, and every matter will turn on its facts. However, this is a welcome first step and reaffirms Dubai’s reputation as a global dispute resolution hub.”
He adds: “To ratify a foreign judgment, you are required to file a petition directly before the execution judge, which in practice are reviewed and adjudicated within three working days. To issue the recognition and enforcement order, the Judge must be satisfied that there is reciprocity with respect to the enforcement of foreign judgments as between the foreign state which issued the judgment and the UAE. It must also be clear that the conditions stipulated in Article 85 are being met which can be summarised as follows:
This order reaffirms Dubai’s reputation as a leading global centre for the legal profession and a key global dispute resolution hub."
The recognition and enforcement order was obtained from Dubai onshore court by Nick Carnell and Abdalla Eisa.