Execution of Foreign Judgments
Some cases arise that require the enforcement of foreign Judgmentsissued outside the United Arab Emirates through the UAE courts. In other cases, our Firm works to execute judgments issued by the United Arab Emirates in other foreign countries. Therefore, many procedures and controls arise that must be followed when seeking to execute the Judgments in the United Arab Emirates and abroad. This may require following some formalities to fulfill the requirements of the concerned bodies before which the judgments are sought to be executed in the United Arab Emirates or abroad. The procedure or judgment that is sought to be executed in the foreign country or the UAE may contradict the country’s law, domestic system, or falls within the area of jurisdiction of state courts. This implies that it is useless to seek to obtain the judgment from a foreign court. The above are only some of the issues that arise when seeking to execute foreign judgments.
Mohamed Al Hajeri Advocates & Legal Consultants Law Firm represents many clients in executing foreign judgments obtained from foreign courts or arbitration bodies. It is worth mentioning that each of these judgments has a different method of approval and execution in the UAE. This is especially the case since the issuance of the arbitration law that distinguishes between judgments issued by courts and those issued by arbitration bodies. Our firm also cooperates with many regional and international partners to execute local judgments issued against foreigners who have settled in their home country again. In such cases, it is impossible or not likely for the said foreigners to return to the UAE again.
Moreover, Mohamed Al Hajeri Advocates & Legal Consultants Law Firm provides legal consultation services to its clients abroad and in the UAE. We do this before helping them to seek obtaining foreign judgments. This aims at directing them to the mechanisms to be followed and the guarantees that must be taken care of in all cases. This due to the fact that the attestation and execution of foreign judgments in the UAE and some countries may force the litigants not to complete the procedures. Such procedures include notification and knowledge of the subject of the lawsuit as an essential form of denying knowledge of the subject of the lawsuit. Other than the procedures followed by the courts in the foreign country, the Firm often resorts to advising the client to take the necessary notification procedures in the country in which the execution is sought. This is usually done by sending a legal notice or publishing about the existence of a dispute outside the country, whenever possible. All of these procedures may not be necessary according to the requirements of the legal text. Yet, they are important to convince the court before which the final judgment is sought to be executed with theenforcee’s knowledge of the lawsuit. It is critical to send the legal notice to close the door to the excuses that the enforcee always seek to come up with, especially before their national courts. Those national courts seek to recall judgments of foreign courts in order to have jurisdiction in those cases or adhere to the legal form. This form is represented by not being aware of the existence of the lawsuit, the issuance of judgments in absentia, and the enforcee not attending before the court.
Mohamed Al Hajeri Advocates & Legal Consultants Law Firm works to execute many local judgments in foreign countries and vice versa as well. We also have an extensive experience in the execution of foreign judgments outside and inside the United Arab Emirates through our team of experts. Our Firm can always provide advice on the feasibility of enforcing foreign judgments in the United Arab Emirates and other countries. We provide such services through our regional and international partners.