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 [2020] 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:
- The Courts of the UAE do not have exclusive jurisdiction over the dispute on which the judgment or order has been issued, and the foreign Court that issued the judgment has jurisdiction according to the rules of international jurisdiction prescribed in its law.
- The judgment or order has been issued by a Court in accordance with the law of the state in which the judgment or order has been issued and duly certified.
- The parties to the lawsuit on which the foreign judgment is issued had been required to appear and were properly represented.
- The judgment or order has acquired the legal effect of res judicata according to the law of the issuing Court, provided that a certificate can be presented indicating that the judgment has acquired the legal effect of res judicata, or where the same is already stated in the judgment itself.
- The judgment neither conflicts with a judgment or an order previously issued by a local court in the UAE nor involves anything that violates public order or morality.
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.
