The new legislation empowers the Execution Judge to rule on a foreign judgment enforcement petition within five working days, provided the application is legally sound. Crucially, even if reciprocity is established—meaning the foreign country would enforce a UAE judgment—the foreign judgment must still satisfy four key conditions that determine its admissibility in Dubai.

1. Proving Reciprocity and Finality (The Dual Gateway) Article 222 requires that the foreign judgment be enforced “under the same conditions as prescribed in the law of that country for the execution of judgments… issued in the State.” This is the fundamental requirement of Reciprocity. Beyond reciprocity, the judgment must possess finality (res judicata). It must be conclusive and not subject to further appeal in the court that issued it.
2. Navigating the Exclusive Jurisdiction Trap: Shared vs. Exclusive Jurisdiction The law explicitly states that enforcement cannot be granted if the UAE Courts have exclusive jurisdiction over the underlying dispute. Recent Dubai Court of Cassation (DCC) rulings have been instrumental in clarifying this condition.

DCC Landmark Rulings: As demonstrated in cases like Case No. 339/2023 concerning a Polish judgment, the DCC definitively confirmed that the mere presence of the defendant in Dubai, which may grant shared jurisdiction to the UAE Courts, does not automatically prevent the enforcement of a foreign judgment. Enforcement is only blocked if the UAE Courts hold exclusive jurisdiction—a key distinction that liberalises the foreign judgment enforcement regime.

Al Saadi Advocates’ Strategic Focus: As demonstrated in our recent successful cases, Al Saadi Advocates conducts a meticulous pre-enforcement audit to legally frame the dispute, proving that the foreign court had proper jurisdiction and that the matter does not fall into the limited categories reserved solely for UAE exclusive jurisdiction (e.g., specific disputes concerning in-country property).

1. The Public Order and Morals Veto The judgment must not conflict with UAE public order or morals. While a broad safeguard, recent precedent has shown the courts will enforce a wide variety of foreign rulings. For example, the DCC has upheld the enforcement of an English family court judgment concerning the division of Dubai assets, finding no violation of public policy in the specific commercial context.
2. No Conflict with Prior UAE Rulings إل foreign judgment must not conflict with a judgment or order already issued by a UAE court. This prevents a conflict of judicial authority and is a clear procedural protection for local rulings. Any overlap must be proactively addressed and mitigated during the enforcement petition stage.