Many international businesses and individuals are surprised to learn that foreign judgments can, in principle, be recognised and enforced in the UAE. However, enforcement is not automatic and each application is considered on its own merits in accordance with UAE law.
The principal legal framework governing the enforcement of foreign judgments is contained in Article 222 of Federal Decree-Law No. 42 of 2022 (the Civil Procedure Law). When considering an enforcement application, UAE courts will not generally revisit the facts of the dispute or reassess the merits of the foreign court’s decision. Instead, the court’s role is to determine whether certain legal and procedural requirements have been satisfied.
Among the key issues considered by the court are whether the judgment has become final and binding in the country where it was issued, whether the foreign court properly exercised jurisdiction over the dispute, whether the parties were afforded due process, and whether enforcement would be consistent with UAE public policy and any existing UAE court judgments.
One issue that frequently arises in practice is reciprocity. In certain circumstances, the applicant may be required to demonstrate that courts in the foreign jurisdiction would similarly recognise and enforce judgments issued by UAE courts. Depending on the country concerned, this may be established through treaties, judicial precedents, memoranda of understanding, or expert legal evidence.
While the legal principles are relatively clear, enforcement applications can encounter practical difficulties. Delays often arise because documents have not been properly legalised, supporting evidence is incomplete, translations do not meet court requirements, or jurisdictional objections are raised by the judgment debtor.
For this reason, enforcement should not be viewed as a purely procedural exercise. A successful recovery strategy often begins well before proceedings are commenced. Identifying the debtor’s assets, assessing the most appropriate enforcement route, and ensuring that supporting documents are prepared correctly from the outset can significantly improve the prospects of recovery and reduce unnecessary delay.
Given the increasing volume of cross-border transactions and international disputes involving UAE-based assets, foreign judgment enforcement has become an important consideration for businesses, financial institutions, investors, and private individuals seeking to recover sums awarded by overseas courts.
About Motei & Associates
Established in Dubai in 2002, Motei & Associates is an award-winning boutique law firm recognised for its expertise in dispute resolution, international arbitration, and cross-border enforcement. If you require strategic advice regarding the recognition and enforcement of foreign judgments, asset recovery, or cross-border disputes in the UAE, please contact us at contact@motei.com or by phone / WhatsApp +971 55 353 6953. Our team would be pleased to assist.