Ratification of Foreign Judgments in the UAE: Procedure

The UAE recognises and enforces foreign court judgments through a ratification process governed by Federal Decree-Law No. 42 of 2022 on the Enforcement of Foreign Judgments and the UAE Civil Procedure Law (Federal Law No. 11 of 1992), applicable across all emirates including Dubai.

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WHAT IS THE LEGAL BASIS FOR RATIFYING A FOREIGN JUDGMENT IN THE UAE?

Federal Decree-Law No. 42 of 2022 provides that a foreign judgment may be ratified if it is final and conclusive, issued by a competent court, does not conflict with UAE public order or morals, and is reciprocally recognised in the issuing state. The law requires the judgment to be translated into Arabic and certified by the UAE Ministry of Justice, and it must be accompanied by an original copy or a certified true copy, a certificate of finality, and proof of reciprocity (see Federal Decree-Law No. 42 of 2022, Articles 4-6)【https://uaelegislation.gov.ae/en/legislations】.

WHICH DOCUMENTS MUST BE SUBMITTED TO COMMENCE RATIFICATION?

The applicant must file a petition with the competent UAE court (usually the Court of First Instance in the emirate where enforcement is sought) together with:

1. The original foreign judgment or a certified true copy.
2. An Arabic translation certified by a UAE-approved translator.
3. A certificate of finality issued by the foreign court confirming that the judgment is no longer subject to appeal.
4. Evidence of reciprocity, such as a treaty (e.g., the Riyadh Arab Agreement for Judicial Cooperation) or a official letter from the foreign Ministry of Justice confirming that UAE judgments are recognised in that state.
5. A power of attorney authorising the UAE-based counsel to act on behalf of the judgment creditor.

The petition must be accompanied by the prescribed court fee, which is calculated as a percentage of the claimed amount (typically 3 % of the sum sought, with a minimum and maximum cap set by the Cabinet Decision on Court Fees)【https://uaelegislation.gov.ae/en/legislations】.

HOW LONG DOES THE RATIFICATION PROCESS TAKE?

After submission, the court examines the documents for compliance with Federal Decree-Law No. 42 of 2022. If the paperwork is complete, the court issues a ratification order within 30 to 45 days. Should the court request additional information or clarification, the timeline may extend by another 15 to 20 days per request. The total duration rarely exceeds 90 days unless the judgment is challenged on public-order grounds, which can trigger a separate hearing and add up to 60 more days (see Federal Decree-Law No. 42 of 2022, Article 8)【https://uaelegislation.gov.ae/en/legislations】.

WHAT ARE THE POSSIBLE OBJECTIONS TO RATIFICATION AND HOW ARE THEY ADDRESSED?

Common objections include:

• Lack of reciprocity - the respondent may argue that the foreign state does not recognise UAE judgments. The court will request proof of reciprocity; if none is provided, ratification is denied.
• Conflict with UAE public order or morals - if the judgment imposes a penalty prohibited under UAE law (e.g., certain types of punitive damages), the court may refuse ratification. The respondent must demonstrate that the judgment's substance violates UAE public order; the court then evaluates the claim under Article 5 of Federal Decree-Law No. 42 of 2022.
• Procedural defects - missing translation, lack of certification, or absence of finality certificate. The court will issue a notice to rectify the defects within a set period (usually 10 days); failure to comply leads to dismissal of the petition.

If an objection is upheld, the creditor may appeal the ratification refusal to the Court of Appeal within 30 days of the decision (see Federal Law No. 11 of 1992, Article 176)【https://uaelegislation.gov.ae/en/legislations】.

WHAT COURT FEES AND COSTS ARE ASSOCIATED WITH RATIFICATION?

The primary cost is the court fee for filing the ratification petition, calculated as 3 % of the claimed amount, subject to a minimum of AED 500 and a maximum of AED 20 000 (Cabinet Decision No. 31 of 2020 on Court Fees)【https://uaelegislation.gov.ae/en/legislations】. Additional expenses include:

• Translation and certification fees (typically AED 150-AED 250 per page).
• Notarisation of the power of attorney (AED 200-AED 300).
• Legal representative fees, which vary but are generally quoted as a fixed sum or hourly rate.

No government stamp duty is levied on the foreign judgment itself; however, once ratified, the judgment creditor may enforce it through execution proceedings, which incur separate enforcement fees (approximately 2 % of the amount recovered)【https://uaelegislation.gov.ae/en/legislations】.

CAN A FOREIGN JUDGMENT BE ENFORCED DIRECTLY WITHOUT RATIFICATION?

No. UAE law requires ratification before a foreign judgment can be executed. The ratification order functions as an executable title equivalent to a domestic judgment. Only after the court issues the ratification order may the creditor apply for execution (seizure of assets, garnishment, etc.) under the UAE Civil Procedure Law (Federal Law No. 11 of 1992, Articles 215-225)【https://uaelegislation.gov.ae/en/legislations】.

FREQUENTLY ASKED QUESTIONS

What is the effect of a ratification order?
A ratification order recognises the foreign judgment as enforceable in the UAE, allowing the creditor to initiate execution proceedings. The order does not re-examine the merits of the case; it merely confirms that the judgment satisfies the statutory conditions for recognition (Federal Decree-Law No. 42 of 2022, Article 9)【https://uaelegislation.gov.ae/en/legislations】.

Which treaties facilitate ratification?
The UAE is a party to the Riyadh Arab Agreement for Judicial Cooperation (1983) and the GCC Convention on Judicial Cooperation (2001). These treaties establish reciprocal recognition of judgments among member states, simplifying the proof of reciprocity requirement (Federal Decree-Law No. 42 of 2022, Article 4)【https://uaelegislation.gov.ae/en/legislations】.

How does the DIFC or ADGM treat foreign judgments?
The DIFC Courts and ADGM Courts apply their own regimes. A foreign judgment must be ratified under the DIFC Law No. 1 of 2004 (DIFC Courts Law) or the ADGM Courts Regulations 2015 before enforcement within those free zones. The UAE federal ratification process does not apply directly; instead, the judgment is first recognised by the DIFC/ADGM Courts, which may then enforce it under their civil procedure rules (DIFC Law No. 1 of 2004, Article 33; ADGM Courts Regulations 2015, Part 5)【https://www.difc.ae/】【https://www.adgm.com/】.

Can a judgment creditor seek provisional measures while ratification is pending?
Yes. The creditor may apply for precautionary attachment or travel ban under UAE Civil Procedure Law (Federal Law No. 11 of 1992, Articles 236-240) to preserve assets during the ratification process. Such measures are granted if the creditor demonstrates a prima facie right and a risk of dissipation (Federal Law No. 11 of 1992, Article 236)【https://uaelegislation.gov.ae/en/legislations】.

What happens if the foreign judgment is later overturned in the issuing state?
If the foreign court annuls or amends the judgment after ratification, the UAE execution creditor may apply to the UAE court to set aside the ratification order. The UAE court will review the foreign court's decision and, if satisfied that the original judgment no longer has binding effect, may withdraw the ratification and halt enforcement (Federal Decree-Law No. 42 of 2022, Article 10)【https://uaelegislation.gov.ae/en/legislations】.

Is legal representation mandatory for ratification?
While a party may act in person, the complexity of document translation, certification, and procedural compliance makes legal representation highly advisable. The UAE courts accept petitions filed by authorised legal representatives holding a valid power of attorney (Federal Law No. 11 of 1992, Article 17)【https://uaelegislation.gov.ae/en/legislations】.

This article provides general information about the ratification and enforcement of foreign judgments in the UAE. It does not constitute legal advice for any specific situation.

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