The UAE is party to the different international treaties as mentioned before. Therefore, arbitral awards rendered by an arbitral tribunal in the UAE are enforceable (subject to the local laws) in jurisdictions that are parties to the above treaties.
In addition, the UAE has entered into certain bilateral treaties for judicial co-operation and enforcement of judgments with a number of countries, for example, with France and India.
The UAE is party to several international and bilateral treaties relating to, among other things, the enforcement of arbitral awards. Therefore, the enforcement of foreign arbitral awards in the UAE is subject to the applicable treaty(ies).
The 2019 Regulations issued under the Federal Civil Procedure Code provide that an application to enforce a foreign award must be made to an enforcement judge and that the judge is required to make a decision within three days. Before issuing the decision, the enforcement judge is required to verify that the:
- UAE Courts do not have exclusive jurisdiction over the matter.
- Judgment or order has been issued by an authorised court under the law of the relevant foreign jurisdiction.
- Parties to the foreign proceedings have been summoned and represented.
- Foreign judgment/order sought to be enforced is res judicata under the laws of the relevant foreign jurisdiction.
- Foreign judgment/order sought to be enforced is not contrary to judgment or order of a UAE court nor to the morals and public order of the UAE.
Additionally, the subject matter of the foreign arbitral award must be arbitrable according to the laws of the UAE, and the award must be enforceable in the jurisdiction in which it was issued, to seek enforcement in the UAE. The Arbitration Law provides that the foregoing is without prejudice to the provisions of any applicable treaty provisions.
In addition, if the award has been rendered outside the UAE it must:
- Undergo the process of legalisation, which involves:
- the notarisation and consularisation of the award at the level of the UAE Embassy in the country in which it is issued; and
- further authentication of the award by the Ministries of Foreign Affairs and Justice in the UAE.
- Be translated (where required).
The applicable legislation does not provide for a time limit to enforce foreign awards in the UAE.
The Arbitration Law provides that an order for the ratification and enforcement of an award must be made within 60 days of the application being made by the party, unless the court finds that the award should be set aside.
In theory, enforcement of foreign awards takes less time as the application is made directly to the enforcement judge without the requirement for ratification proceedings. However, the process of attestation of a foreign award may take some time depending on the foreign country involved.
Please contact our specialised team for more information about the enforcement of domestic and foreign Arbitral Awards in the UAE.
