United Arab Emirates

Introduction As a center for international trade and dispute resolution, the UAE has established a clear legal framework for the recognition and enforcement of foreign judgments. The main framework is the Federal Decree-Law No. 42 of 2022 on the Civil Procedure Law and its amendments, which replaced the Federal Law No. 11 of 1992. The Statutory Foundation of Enforcement under Federal Decree-Law No. 42 of 2022 The main mechanism for the domestic enforcement of judgments and orders issued by foreign courts is contained in Section 3 of the 2022 Civil Procedure Law, which comprises Articles 222 to 225. Under Article 222, foreign judgments and orders are enforceable within the United Arab Emirates on the same conditions as those provided for by the laws of the originating country for the enforcement of judgments issued within the United Arab Emirates. An enforcement order can only be made by the competent enforcement judge if the petition satisfies a number of substantive prerequisites pursuant to Article 222(2). These requirements are applied with care so that valid foreign judgments can be enforced without infringing the State's sovereignty or public policy. The first requirement under Article 222(2)(a) is that the UAE courts must not have exclusive jurisdiction over the dispute in which the foreign judgment or order was issued. Furthermore, the foreign court that rendered the decision must have possessed jurisdiction in accordance with the rules of international jurisdiction applicable under its own law. Under Article 222(2)(b), the judgment or order must also have been issued by a court in accordance with the law of the country in which it was rendered and must be duly authenticated or ratified, as applicable. The execution judge is therefore required to verify both the jurisdiction of the foreign court and the formal validity of the judgment under the law of the issuing country before granting enforcement. Article 222(2)(c) provides that the litigants in the case in which the foreign judgment was rendered were duly summoned and represented. The judgment creditor should therefore be able to demonstrate that the parties were informed of the foreign proceedings in accordance with the rules of the issuing country court and that the proceedings were conducted in a manner that allowed for proper representation. This requirement is particularly important in the case where the judgment was issued in the absence of one of the parties, as the UAE execution judge may check whether the summons and representation requirements have been complied with prior to allowing enforcement. The documentation required to satisfy this condition may include proof of service or notification, together with documents showing that the judgment is final and enforceable in the country of origin. The focus at the enforcement stage is on procedural compliance rather than a re-examination of the merits of the foreign dispute. Article 222(2)(d) provides that the foreign judgment or order shall have the force of res judicata in accordance with the law of the court that rendered it. This means that the judgment must be final, binding, and enforceable in the country of origin. The requirement may be satisfied where the judgment has already acquired the force of res judicata under the issuing court’s law, or where the judgment itself states that it has such force. The judgment creditor should, as may be necessary, therefore lead evidence to prove that the judgment or order is final and enforceable. Article 222(2)(e) states that the foreign judgment should not be inconsistent with any judgment or order passed by a UAE court and should not contain anything that is contrary to public order or morals in the UAE. Refusal of enforcement may be justified on the grounds that the same dispute has already been adjudicated by a court in the UAE or that the foreign judgment leads to a result contrary to the fundamental legal, moral or public policy principles of the State. Article 223 The rules for enforcement shall apply to an arbitral award made in a foreign country. Accordingly, a foreign arbitral award may be enforced in the UAE if it meets the requirements for enforcing foreign judgments, provided that its subject matter is capable of being arbitrated under UAE law and that it is enforceable in the State of its origin. Article 224 applies to authenticated documents and to minutes of conciliation ratified by foreign courts. They may be executed in the UAE under the same conditions applied in the foreign country for enforcing UAE judgments. “The application should be submitted to the execution judge, who should verify the enforceability under the law of the authentication or ratification country and ensure enforcement does not contravene the public order or morals of the UAE. Article 225: The Priority of Treaties The default framework is the 2022 Civil Procedure Law, however Article 225 states expressly that the provisions of international treaties and agreements to which the United Arab Emirates is a party shall prevail over domestic legislation. Where a treaty applies, the enforcement process is simplified, and the requirements of Article 222 are often avoided in favor of the rules specific to that convention. The Riyadh Arab Convention (1983) The Riyadh Arab Convention for Judicial Cooperation provides a treaty basis for the recognition and enforcement of judgments among contracting Arab states. Under Article 25, judgments rendered by criminal courts in civil, commercial, administrative, personal status, and civil rights cases shall be recognized if they have the force of res judicata and if the court that issued the judgment had jurisdiction according to the Convention. Reasons for refusal are set out in Article 30, which include a conflict with Islamic Sharia, the Constitution, public order, improper notification in absentia judgments, lack of proper representation for persons lacking capacity, conflicting final judgments, or prior pending proceedings. The GCC Convention (1996) The GCC Convention of 1996 on the Execution of Judgments, Delegations and Judicial Notifications provides a regional mechanism for the enforcement of judgments between GCC states. According to Article 1, judgments in civil, commercial, administrative, and personal status cases rendered by the court in whose territory jurisdiction existed shall be enforceable. Article 2 provides for the refusal of enforcement if the judgment is contrary to the Islamic Sharia, the Constitution or public order; if the debtor was not duly notified; if the dispute has already been finally decided or is pending earlier in the enforcing state; if the judgment relates to official acts of the government of the enforcing state or its officials; or if enforcement is contrary to applicable international conventions. Procedural Mechanics and the Role of the Execution Judge The enforcement process for foreign judgments is designed to be a fast track at the first level. According to the 2022 Law, the judgment creditor files a petition for an enforcement order directly with the execution judge. This judge is assigned to the seat of each Court of First Instance, and has exclusive competence to enforce the writ and to adjudicate summary disputes concerning the enforcement. The Five-Day Mandate In accordance with Article 222(1), the enforcement judge shall decide on the petition for enforcement within five working days from the date of submission of the petition for enforcement. The fast timeline is intended to avoid the dissipation of assets and is indicative of the state’s transition to a more creditor-friendly environment. Documentary Formalities and Translation Requirements The creditor must meet stringent documentary standards for the petition to succeed. All foreign judgments and supporting documents must be authenticated and legalized by the Ministry of Foreign Affairs of the jurisdiction of origin and by the Embassy or Consulate of the United Arab Emirates. Also, Article 5 of the 2022 Law states that Arabic is the official language of the courts. Therefore, all foreign language documents should be translated into Arabic and certified by an accredited translator. The general rule for execution, however, remains tied to Arabic translations, although English is now accepted by some courts in specialized tribunals. Failure to satisfy these formal requirements is one of the most common grounds for refusals of enforcement applications. Once the enforcement judge issues the enforcement order, the judgment debtor must be properly notified according to the UAE procedural rules. The debtor may appeal the enforcement order after notification, within the legally prescribed rules and procedures. Practical Illustration In the case of a foreign family judgment enforcement, the foreign court’s divorce judgment imposed on one spouse financial obligations, including child-related expenses, maintenance payments, and repayment of a loan between family members. The judgment debtor was residing in Dubai and had not carried out the duties imposed by the foreign court. Where the debtor was in the UAE, and the enforcement against him was sought in the UAE, the UAE court applied the applicable framework of enforcement of foreign judgments. The case reaffirms that foreign family judgments are enforceable in the UAE subject to meeting certain statutory requirements. These requirements include the jurisdiction of the foreign court, proper notification and representation of the parties, the finality of the judgment, and no conflict with UAE public order or a UAE judgment. This also means that the UAE enforcement proceedings are not meant to re-open the original divorce issue, or to re-examine the merits of the foreign judgment. The role of a UAE court is rather to satisfy itself that the legal requirements for recognition and enforcement are fulfilled. Conclusion Federal Decree-Law No. 42 of 2022 has put in place a structured framework for the enforcement of foreign judgments in the UAE, with Articles 222 to 225 of the decree-law being pertinent. As a rule, the UAE courts do not consider the merits of the foreign dispute but look into whether the statutory requirements for enforcement are fulfilled. These are jurisdiction, proper notification and representation, finality, no conflicting UAE judgments, and compliance with public order and morals. The framework applies to foreign arbitral awards, authenticated documents, and court ratified conciliation records. Further, treaty-based channels like the Riyadh Arab Convention and the GCC Convention could be applied, wherever applicable. There is a clear legal mechanism in the UAE for the enforcement of foreign judgments, provided that the necessary procedural and substantive conditions are met. Author: Awatif Al Khouri

Background Our client, a foreign importer of automotive parts represented by Awatif Mohammed Shoqi Advocates and Legal Consultancy, made a deal with an exporter in the UAE to supply goods. Our client made advance payments, and the other party was then required to send goods and issue commercial invoices in return. There were a lot of transactions over the course of about two years, which suggested that there was an established and ongoing trading relationship. The parties did not sign a formal written agreement to govern their business. The Dispute Our client noticed a big difference between the total amount of money sent to the other party and the value of the goods they actually got. Even though they made several advance payments, a large part of the goods that were supposed to be delivered were never delivered. Our client approached the UAE courts to recover the outstanding balance as well as damages for lost profits and other business losses that occurred because the funds were held up for so long, and the supply chain was disrupted. The other party claimed that full delivery had been made. Court of First Instance Because there was no formal contract and the financial trail was so complicated, the Court of First Instance set up a specialized expert committee. The expert committee conducted a thorough review spanning the entire duration of the commercial relationship and confirmed that a substantial outstanding balance remained owed to our client. The Court of First Instance agreed with everything the committee said, ruled in favor of the confirmed outstanding balance, and awarded damages according to the UAE Civil Transactions Law, which says that a party who acts wrongfully must pay for actual losses and lost profits that naturally result from that behavior. The court also asked the other party to pay the court costs, fees, and legal fees. Court of Appeal The other party appealed against the expert committee's methods and results and asked for a new committee to be set up. After a thorough review, the Court of Appeal upheld the original decision in full and ordered the other party to pay for the appeal, including legal fees and the loss of the security deposit. Conclusion This matter illustrates several important principles that arise in international commercial disputes before the UAE courts. The absence of a formal written contract does not prevent a party from pursuing a successful commercial claim. UAE courts are well-equipped to reconstruct the financial and transactional history of a relationship through the appointment of expert committees, drawing on payment records, commercial invoices, and shipping documentation. Author: Awatif Al Khouri

The rapid digital transformation of the United Arab Emirates has created a unique intersection between advanced technological infrastructure and a legal system deeply rooted in the protection of individual dignity, social harmony, and national security. In response to the complexities of the digital age, the UAE has implemented one of the most comprehensive and stringent legal frameworks to combat digital misconduct. Federal Decree-Law No. 34 of 2021 on Combating Rumors and Cybercrimes is the most important law in this system. It replaced old laws to deal with new threats like deepfakes, automated misinformation, and complicated financial fraud. This article examines the overall effects of UAE cybercrime laws. It focuses on how hard it is to protect privacy and defame someone online in a world that is becoming more connected. The Policy Objectives of Federal Decree-Law No. 34 of 2021 Federal Decree-Law No. 34 of 2021 marks a major change in the UAE's regulation of digital technology. Before this, Federal Decree-Law No. 5 of 2012 was the main law that dealt with cyber crimes. But the rapid growth of social media and the move to digital government services meant that a stronger law was needed to deal with the "viral" nature of online content and the complexity of modern cyberattacks. The main goal of the 2021 law is to keep "social harmony" and "public order." In the UAE, this means protecting the state's reputation and the personal honor of its residents. The UAE legal system prioritizes people's privacy and prohibits any speech that could incite civil disorder or propagate fear. This idea is reflected in the severity of the punishments, which are intended to be a strong deterrence to improper use of information technology. The law covers both technical crimes like hacking and system tampering and content-based crimes like spreading false information, bullying people online, and publishing things that go against public morals. The law also makes it clear how businesses should be held responsible for the digital activities that their systems or employees allow. Definitions and the Scope of Jurisdiction Federal Decree-Law No. 34 of 2021 gives clear definitions of all the technical parts that fall under its jurisdiction so that enforcement is clear. These definitions are very important because they set the limit for criminal liability in a digital setting. Definitions under Article 1 Information Technology: All the tools and systems used to create, process, store, share, or use electronic information, such as systems, programs, websites, networks, and other things. Information Technology Method: Any device or system, magnetic, optical, electrochemical, or otherwise, used to process, store, or transmit electronic data, including any method that enables data storage or communication. Information Network: A connection between two or more information technology systems, facilitating the exchange of data. Illegal Content: Any content involving a punishable crime or whose publication or circulation may harm state security, sovereignty, public interests, public health or peace, international relations, election integrity, social harmony, or public trust in state authorities. False Data: Rumors or news that are false or misleading, in whole or in part, whether by themselves or within their context. Electronic Robot: A program created or modified to execute automated tasks quickly and in an efficient way. Article 1 and later interpretations make it clear that the law applies to anyone, no matter where they are, if their digital actions have an effect in the UAE. This includes content that is aimed at a person living in the UAE, a local business, or the government's reputation. Legislation against online defamation and insulting language. The UAE legal system places a high value on protecting people's reputations, and online defamation is seen as a serious crime rather than just a civil matter. Article 43 of Federal Decree-Law No. 34 of 2021 is the main law that covers this area. It talks about both defamation (slander) and using insulting language through digital means. Slander and Insult under Article 43 When someone utilizes an information network or information technology system, and they either use language that diminishes their honor or dignity or attribute an incident to someone else that could lead to punishment or public contempt, they are in violation of Article 43 of the Federal Decree Law No. 34 of 2021. Slander is generally believed to be the attribution of a particular incident, such as accusations of criminal activity or professional misconduct. On the other hand, "insult" is defined as using derogatory, demeaning, or offensive language without mentioning a particular fact. The penalties are strict. A person found in violation may face detention and/or a fine ranging from AED 250,000 to AED 500,000. If the act is committed against a public servant in connection with their duties, this is treated as an aggravating circumstance. The provision applies regardless of whether the communication is public or private, provided it is made through an information network or a system for information. UAE courts look at online defamation based on how it affects the person who made the statement. They use a "reasonable person" standard to decide if it is insulting or harmful to their reputation. Intent isn't always important, but it does matter in crimes that violate privacy. Article 44: Protecting Your Privacy and Personal Life Article 44 of the UAE's cybercrime law gives people a strong way to protect their privacy from digital technology. People often use this article when they share private messages, photos, or personal data. The Criminalization of Unauthorized Digital Intrusion Article 44 prohibits the use of an information network or any information technology means to breach the privacy of an individual or their family life. The law specifies several prohibited acts: Eavesdropping and recording: It is illegal to intercept, record, or disclose conversations or communications without the consent of the parties involved. Unauthorized photography: Taking photographs of others in either public or private places, and subsequently storing or sharing them without permission, is a criminal offense. Publication of casualty photos: The law strictly forbids sharing photos or videos of the injured, the deceased, or victims of accidents and disasters. Malicious publication of truth: The publication of news or images, even if true, is prohibited if the intent is to harm a person's reputation. Violation of Article 44 leads to severe legal consequences. A fine of AED 150,000 to AED 500,000 and/or a minimum six-month jail sentence may be imposed for violating someone's privacy through the use of information technology. This includes recording or disseminating conversations, pictures, or data without permission, even if true, when done to harm. If the offense involves altering or manipulating recordings or images for defamation or abuse, the penalty increases to a minimum of one year’s detention and/or a fine ranging from AED 250,000 to AED 500,000. Combating false news, rumors, and inappropriate use of e-robots According to Federal Decree-Law No. 34 of 2021 on Combating Rumors and Cybercrimes, spreading false information is a serious crime because it can affect public order, national security, and the economy. Articles 52 and 54 talk about spreading false information and using automated tools to spread that information far and wide. Article 52: Spreading False News Article 52 says that it is against the law to publish or share false information, fake news, or rumors that could hurt the economy, public health, or the public good. Violating the law will lead to at least detention for one year and a fine of at least AED 100,000. If the crime is against a state authority or happens during a crisis, the punishment goes up to at least two years of detention and AED 200,000. Creating or using E-Robots under Article 54 Article 54 talks about how automated systems can be used to spread false information. Anyone who creates or changes an electronic robot to spread false information or news, or lets other people do it, shall be sentenced to detention for up to two years and/or fined between AED 100,000 and AED 1,000,000. The penalty may be enhanced in cases when numerous people are implicated, reflecting the higher risk posed by coordinated or large-scale spread of misleading information. Technical Cybercrimes: Hacking, Fraud, and Data Breaches Beyond content-related offenses, the Federal Decree-Law No. 34 of 2021 on Combating Rumors and Cybercrimes establishes a comprehensive framework addressing technical cyber offenses that impact the security and integrity of information systems and digital data. Unauthorized Access and Hacking (Articles 2 and 4) Article 2 makes it illegal to access websites or information systems without permission. Penalties include detention and fines of AED 100,000 to AED 300,000, which increase if damage, disruption, or misuse of data occurs, and even more if the act is done for an illegal purpose. Article 4 covers more serious crimes, like intentionally disrupting or damaging systems. The penalties are harsher, with fines ranging from AED 500,000 to AED 3,000,000 and provisional imprisonment. Article 40: Online Fraud and Financial Crimes Under Article 40, it criminalizes acts such as creating fake names or impersonation to illegally get movable property, benefits, documents, or signatures using information technology. This rule covers online scams that are meant to trick people and identity theft. If someone is found guilty, they shall be sentenced to at least one year of detention and/or pay a fine of AED 250,000 to AED 1,000,000. Conclusion The UAE's laws against cybercrime and defamation show that the country regulates digital behavior, with a strong focus on protecting people's privacy, dignity, and public order. The Federal Decree-Law No. 34 of 2021 deals with both traditional forms of defamation and the new risks that come with modern technology, such as false information, privacy violations, and online fraud. One important thing to remember is that liability in the digital world is wide and strict. Statements made online, whether public or private, can lead to criminal charges. Even true information can be punished if it is shared in a way that hurts someone else's privacy or reputation. The law also holds people who share or spread harmful content responsible, not just the people who create it. Author: Awatif Al Khouri

For many residents and expats, one of the first questions after a police complaint or criminal case is: Can you leave the UAE with a criminal case?" The answer depends on the type of case, its stage, and whether a travel ban or legal restriction has been issued. The existence of a criminal case does not stop everyone from traveling. But once a complaint is filed and is being investigated, the police, Public Prosecution or court may take measures to ensure that the accused is available for investigation, hearings, and enforcement of any final judgment. The UAE’s criminal procedure is largely dictated by Federal Decree-Law No. 38 of 2022 on Criminal Procedure, while the crimes and punishments are defined by Federal Decree-Law No. 31 of 2021 on the Issuance of the Crimes and Penalties Law. Can You Travel While a Criminal Case Is Pending? You may be able to travel only if there is no active travel ban, arrest warrant, court order, or other restriction preventing you from leaving the UAE. In practice, criminal cases may lead to travel restrictions where the authorities need to secure the person’s presence. The decision on whether to impose a travel restriction will be based on a number of factors, including the seriousness of the complaint, the evidence available, the risk of non-attendance and the current stage of the case. Therefore, one should not assume that he is free to travel just because he has not received written notice. What Is the Role of the Public Prosecution? The Public Prosecution is responsible for criminal investigations and also determines whether a case should proceed to the court. This is not merely an administrative power. It has the legal competence to assess evidence, to interrogate the parties, to decide procedurally, and to refer cases to the competent court. In travel-related issues, the Public Prosecution may become involved where the accused person’s presence is required for investigation or where there is concern that the person may leave the UAE before the case is resolved. The court may also impose, continue, or lift restrictions depending on the circumstances. What Happens If You Try to Leave with a Travel Ban, and Can a Travel Ban Be Removed? If there is an active travel ban, you may be stopped at immigration or the airport. This can result in missed travel, questioning, or further legal complications. It is risky to go to the airport without first checking the status of a criminal case, especially if the complaint is recent or still under investigation. A travel ban may be removed when the legal reason for it no longer exists. This may happen if the complaint is settled where legally allowed, the case is dismissed, the accused is acquitted, the judgment is executed, or the competent authority accepts an application to lift the restriction. In circumstances such as for medical treatment or family emergencies, a person may, where appropriate, seek a temporary travel authorization. Approval is not automatic. The authority may consider the nature of the case, the risk of non-return, supporting documents, and whether guarantees are necessary. Are Settlements Enough to Travel? Settlement may help in certain criminal cases, especially where the matter includes a private complaint or financial claim. However, settlement does not always end criminal liability. Some offenses may continue because they involve the public right or public interest. Therefore, even after settlement, it is important to confirm that the criminal file has been closed and that any travel ban has actually been removed from the system. Why Legal Advice Matters Before Traveling Criminal cases in the UAE can go through different stages, such as police complaint, prosecution, court, appeal, and enforcement. Each phase may impact travel rights in different ways. Mrs. Awatif Al Khouri, a senior Emirati advocate, is often approached in criminal matters when residents, expats, and business persons need clarity on prosecution steps, court procedures, and travel restrictions. The aim in such cases is to respond to the allegation and also to establish whether the person is safe to travel or whether a formal request needs to be made. Practical Steps Before Leaving the UAE If you have a criminal complaint or suspect one has been filed, find out if there is a travel ban, arrest warrant, hearing date, or prosecution requirement. Keep copies of any settlement, complaint number, judgment, proof of payment, or official clearance. It is also important to respond to police, prosecution, or court notices on time. Ignoring summons or hearings can worsen the situation and may lead to stricter measures. Conclusion So, can you leave the UAE with a criminal case? You can leave only if there is no legal restriction preventing travel. A pending criminal case may lead to a travel ban where the authorities need to secure the accused person’s presence for investigation, trial, or enforcement. Before traveling, always verify the case status and take the proper legal steps if a restriction exists. Guidance from a senior criminal law practitioner such as Mrs. Awatif Al Khouri can help individuals understand their position, assess available options, and follow the correct procedure for removing or temporarily lifting a travel restriction. Author: Awatif Al Khouri