Landmark Dubai Court Decisions Signal Pro-Enforcement Stance for Foreign Judgments

Al Tamimi & Company successfully secured the recognition and enforcement in Dubai of a judgment of the English High Court of Justice. Significantly, the English judgment was a summary judgment, which is a judgment issued by way of an interlocutory application and without a full trial. The Dubai Courts issued the recognition and enforcement order within one business day of filing.

The above decision follows a welcome recent judgment of the Dubai Court of Cassation confirming the recognition and enforcement of another English Court judgment in the UAE. Importantly, the Dubai Court of Cassation determined that the requirement of reciprocity in enforcement is established between the English Courts and the UAE Courts.

These landmark decisions appear to signal a shift in the practice of the Dubai Courts, which is becoming a pro-enforcement forum, particularly with regard to enforcement and recognition of English judgments.

Several prior decisions and circulars have played a significant role in paving the way for the achievement of these pivotal legal milestones. For example, on 21 May 2021, the English Court of Appeal in Lenkor Energy Trading DMCC v Puri [2020] EWHC 75 confirmed the recognition and enforcement of a Dubai Court judgment in England. The Court of Appeal agreed that the Dubai Court judgment was final and conclusive, and issued by a court of competent jurisdiction (see our law update article on Lenkor here).

Following the Lenkor decision, on 13 September 2022, the UAE Ministry of Justice (“MOJ”) issued a circular opining that a precedent has been established by the Courts of England and Wales in respect of recognition and enforcement of judgments of the UAE Courts. The MOJ took the view that the previously elusive UAE requirement for ‘reciprocity in enforcement’ (which would allow for English judgments to be enforced in the UAE under the UAE Civil Procedure Code), has now been satisfied (see our law update article on the MOJ circular here).

In addition, in a recent decision, the Dubai Court of Cassation has accepted the enforcement of a Canadian summary judgment. In that decision, the Court properly identified the distinction between interim orders, which do not dispose of a claim on the merits, and summary judgments, which do. We look forward with anticipation to further developments in respect of judgments from other jurisdictions.

How can we help?

Should you have any questions or require further clarification on these matters, please do not hesitate to contact Naief Yahia, Rita Jaballah, Mosaab Aly, and Mahmoud El Tantawy.