Foreign Judgments Execution in UAE
I have got final judgment against my husband who was my commercial partner also. I have got also civil, commercial and personal status judgments issued by foreign courts but I was surprised that after issuance of these judgments and before their execution my husband traveled and transferred his money, works and place of residence to Dubai escaping from the execution of judgments.
Can I turn to Dubai courts for executing judgments against my husband inside UAE ?
Yes You Can turn to Dubai courts for executing judgments against your husband in UAE provided that the conditions of article (235) of UAE Civil procedure Law shall be applied
The execution of the decisions and orders delivered in a foreign country may be mandated in the state of the United Arab Emirates under the same conditions decided in the law of that country for executing the decisions and the orders delivered.
The execution order shall be requested before the court of first instance in which area the execution is required, through the usual procedures of the action prosecution, and it shall not be possible to order the execution before the verification of the following:
That the state’s courts are not authorized to examine the litigation in which the decision or the order has been delivered and that the foreign courts which have delivered it are authorized therewith according to the international rules of the judicial jurisdiction decided in their law.
The principle is that if it is proved that the dispute is under the jurisdiction of UAE courts, judge is forbidden to issue order for executing judgments issued by foreign courts in this dispute regardless the correctness of the foreign court jurisdiction in this dispute. The instances that UAE courts are forbidden to issue execution order subject to foreign judgments because the dispute is under jurisdiction of UAE courts provided by article (21) of civil procedure law as follows:
1) If he had an elected domicile.
2) If the action is related to real estates in the state, a citizen’s heritage, or an open estate therein.
3)If the action involves an obligation made or executed or conditionally executable in the state or associated with a contract which needs to be authenticated in the state or if the action is connected with an incident which took place in the state or with an act of bankruptcy declared in a court of the state’.
4) If the action has been prosecuted from a wife who has a residence in the state, against her husband who had a residence therein.
5) If the action is concerned with an alimony of one of the parents or the wife or with a sequestered or with a minor, or with his relationship or with a custody on fund or on person, in case that the claimer of the alimony, the wife, the minor or the sequestered has a residence in the state.
6) If the action is concerned with the civil status and the plaintiff is a citizen or a foreigner who has residence in the state, provided that the defendant had not a determined residence abroad or the national law is imperatively applicable on the action.
7-‘If any of the defendants has a domicile or place of residence in the state’
“That the decision or the order has been delivered from an authorized court according to the law of the country in which it has been issued.”
“That the litigant parties, in the action in which the foreign decision has been delivered, have been assigned to attend and have been properly represented.”
“That the decision or the order has acquired the power of the decided order according to the law of the court which delivered it.”
“That it does not conflict with a decision or an order delivered previously from a court in the state nor does it include what breaches the morals or the public order therein.