enforcing a foreign judgment in the uae: conditions and procedures

Enforcing a foreign judgment in the United Arab Emirates is governed primarily by Federal Decree-Law No. 42/2022 on the Execution of Foreign Judgments, read together with the UAE Civil Procedure Law (Federal Law No. 11/1992) and, where the DIFC is involved, DIFC Law No. 1/2004. The process requires attestation, certified Arabic translation, verification of reciprocity and public-order conformity, and submission to the execution judge of the emirate where the debtor's assets are located.

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WHAT ARE THE LEGAL REQUIREMENTS FOR A FOREIGN JUDGMENT TO BE ENFORCEABLE IN THE UAE

A foreign judgment must satisfy several substantive and procedural thresholds before the UAE courts will recognise it as enforceable. First, the judgment must be final and conclusive; interlocutory or provisional orders are not amenable to execution under Federal Decree-Law No. 42/2022 article 5. Second, the rendering court must have possessed competent jurisdiction over the parties and the subject matter, a fact that the execution judge verifies by examining the original proceedings' service records. Third, the judgment must not contravene UAE public order or morals; this includes any provision that conflicts with Islamic Sharia principles, UAE criminal law, or mandatory statutory rules. Fourth, the judgment debtor must have been duly served or represented in the foreign proceedings; lack of proper notice renders the judgment vulnerable to challenge under the same article. Fifth, the judgment must not conflict with a prior UAE judgment on the same cause of action, thereby preventing contradictory enforcement.

Reciprocity is a further prerequisite unless the judgment originates from a state with which the UAE has a treaty or mutual recognition arrangement. Article 6 of Federal Decree-Law No. 42/2022 stipulates that, absent such a treaty, the applicant must demonstrate that the foreign state grants reciprocal enforcement of UAE judgments. The treaty text, when applicable, supersedes the default reciprocity test. Finally, the Arabic text of UAE legislation as published in the Official Gazette prevails over any translation, meaning that any reliance on translated provisions must be cross-checked against the official Arabic version.

HOW IS A FOREIGN JUDGMENT ATTESTED AND TRANSLATED FOR SUBMISSION

Attestation follows a three-step chain. The judgment first undergoes legalisation by the Ministry of Foreign Affairs (or equivalent authority) of the issuing country. Next, the UAE embassy or consulate in that country authenticates the document, confirming that the foreign legalisation complies with UAE diplomatic standards. Upon arrival in the UAE, the judgment is presented to the UAE Ministry of Foreign Affairs and International Cooperation for the final attestation required by article 7 of Federal Decree-Law No. 42/2022.

After attestation, a certified translator approved by the UAE Ministry of Justice translates the judgment into Arabic. The translation must be accompanied by the translator's licence, a stamp from the Ministry of Justice, and a declaration attesting to its accuracy. Only once both attestation and certified translation are complete may the judgment be filed with the execution court. Fee structures for attestation and translation are not fixed in the decree-law; applicants should consult the published tariffs of the Ministry of Foreign Affairs and the Ministry of Justice, which vary by emirate and document length.

WHICH COURT HANDLES THE EXECUTION OF A FOREIGN JUDGMENT IN THE UAE

Execution is initiated before the Execution Judge of the competent Emirate's court where the debtor's assets are situated. For the mainland UAE, this is the Dubai Courts or the courts of the relevant emirate, applying the UAE Civil Procedure Law (Federal Law No. 11/1992). If the parties have contractually agreed to DIFC jurisdiction and the judgment debtor holds assets within the DIFC, the DIFC Courts may entertain the execution request under DIFC Law No. 1/2004 article 25, which adopts DIFC Laws and Regulations for enforcement proceedings.

The DIFC Courts do not apply UAE federal substantive law; instead, they assess whether the foreign judgment meets the DIFC's own criteria for recognition and enforcement, as outlined in DIFC Law No. 1/2004 article 33. Nevertheless, the DIFC Courts may enforce a foreign judgment that satisfies those criteria, even if the underlying dispute was governed by a different law. When the debtor's assets lie outside the DIFC, the claimant must seek execution in the onshore court where those assets are located, as the DIFC Courts lack extraterritorial reach over assets situated in the mainland or other free zones.

WHAT DOCUMENTS MUST BE SUBMITTED WITH THE EXECUTION APPLICATION

The execution packet comprises:

1. The attested foreign judgment (original or certified copy).
2. Its certified Arabic translation (with translator's licence and Ministry of Justice stamp).
3. A copy of the judgment debtor's Emirates ID or passport to confirm identity.
4. Proof of service or representation in the original proceedings (e.g., summons, affidavit of service, or power of attorney showing the debtor's appearance).
5. A statement of assets located in the UAE, detailing bank accounts, real estate, vehicles, or shares that are subject to seizure.
6. A power of attorney if the applicant is represented by counsel, together with a receipt for the prescribed court fees.
7. A declaration under Federal Decree-Law No. 42/2022 article 8 that the judgment does not violate UAE public order.

The execution judge may request additional evidence, such as expert reports on asset valuation or documentation confirming the absence of prior UAE judgments on the same matter. Court fees are calculated according to the claim value under the UAE Civil Procedure Law; the exact schedule is published by the Ministry of Justice and may differ between emirates.

WHAT IS THE TIMELINE FOR OBTAINING AN EXECUTION ORDER

Upon submission, the execution judge conducts a preliminary review within five working days to verify attestation, translation, reciprocity, and public-order compliance. If the application is complete, the judge issues a preliminary order within ten working days, summoning the debtor to show cause why execution should not proceed. The debtor has five days to file a response; failure to respond results in the automatic issuance of a final execution order.

If the debtor contests, a hearing is scheduled, typically within fifteen days of the response. After the hearing, the judge renders a decision within ten days. Consequently, an uncontested matter may yield an execution order in approximately three weeks, while contested cases can extend to two months or more, depending on court caseload, the need for expert evidence, and any procedural motions filed by either party.

HOW ARE ASSETS SEIZED AND THE JUDGMENT SATISFIED

Once an execution order is issued, the execution judge directs the relevant authority-such as Dubai Police, the Department of Land and Property, or the DIFC Registrar of Companies-to seize identifiable assets. Seizable assets include:

• Bank accounts held with UAE-licensed financial institutions.
• Vehicles registered with the Emirates Roads and Transport Authority.
• Real estate situated in the UAE, with title deeds held at the relevant land department.
• Shares or securities registered in the UAE, including those listed on the Dubai Financial Market or Abu Dhabi Securities Exchange.

The execution officer prepares a seizure report detailing each asset taken, its estimated market value, and the method of seizure. Proceeds from the subsequent sale of seized assets are applied to satisfy the judgment debt; any surplus is returned to the debtor. If the seized assets prove insufficient to cover the full amount, the creditor may pursue supplementary proceedings under the UAE Civil Procedure Law articles 180-190, such as wage garnishment, attachment of receivables, or initiation of bankruptcy proceedings.

The DIFC Courts follow analogous procedures under DIFC Law No. 1/2004 article 27, which permits enforcement by force if necessary and allows the DIFC Registrar of Companies to execute orders concerning shares or corporate assets located within the DIFC.

FREQUENTLY ASKED QUESTIONS

what is the effect of a treaty on reciprocity requirements
If the foreign judgment originates from a state that has a bilateral or multilateral treaty with the UAE providing for mutual recognition and enforcement of judgments, the reciprocity condition under Federal Decree-Law No. 42/2022 article 6 is deemed satisfied. The treaty text prevails over the default requirement, and the execution judge need not request separate proof of reciprocity.

can a foreign judgment be enforced if the debtor has no assets in the uae
Execution requires identifiable assets within the jurisdiction where the claim is filed. If no assets are located, the execution judge will dismiss the application for lack of enforceable property, as stated in Federal Decree-Law No. 42/2022 article 9. The creditor may then pursue the judgment in the debtor's home jurisdiction or seek assets through international mechanisms.

are there any fees for filing an execution request
The UAE Civil Procedure Law prescribes court fees based on the claim value, but the exact schedule is published by the Ministry of Justice and may vary by emirate. Federal Decree-Law No. 42/2022 does not set a separate fee for foreign judgment execution; applicants must pay the standard execution court fees plus any attestation and translation costs.

what happens if the execution order is appealed
An execution order may be challenged through an objection filed within fifteen days of its issuance, under Federal Decree-Law No. 42/2022 article 12. The objection is heard by the same execution judge, who may uphold, amend, or revoke the order. If the judge upholds the order, the creditor may proceed with seizure; if the order is revoked, the creditor may file a new application after addressing the judge's concerns.

is legal representation mandatory for the execution process
While parties may appear in person, the complexity of attestation, translation, and procedural rules makes legal representation advisable. Federal Decree-Law No. 42/2022 does not mandate counsel, but the execution judge may require a power of attorney for any representative acting on behalf of the claimant.

can a foreign judgment be enforced in the DIFC if the debtor's assets are outside the DIFC
The DIFC Courts may enforce a foreign judgment only when the assets subject to execution are located within the DIFC, as per DIFC Law No. 1/2004 article 25. If assets are situated outside the DIFC, the claimant must seek execution in the relevant onshore court where the assets are located.

The Arabic text of UAE legislation as published in the Official Gazette prevails over any translation.

If your matter involves enforcement of a foreign judgment in the UAE: the necessary conditions and procedures in the United Arab Emirates, you are welcome to request a consultation with Nour Attorneys. Our team can assess your position under the law currently in force and outline the options available to you. Request a consultation

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