United Arab Emirates

Property transactions are subject to federal civil laws on contracts, liability, breach, cancellation and compensation, and Dubai-specific property laws on registration, developer obligations, escrow, off-plan sales and investor protection. However, the legal framework has been transformed by the implementation of the new Civil Transactions Law, Federal Decree-Law No. 25 of 2025, which is in force from 1 June 2026. It repeals and replaces Federal Law No. 5 of 1985 and reinforces the principles of accountability, transparency and predictability in civil and commercial dealings. For buyers who experience delays, defects or cancellations on a project, it is important to understand these remedies and seek advice from a real estate dispute lawyer in Dubai to help safeguard your options for recovery and enforce your legal rights. Legal Capacity and Choice of Law under the Civil Code Clear rules on legal capacity and applicable law are also important for investor protection. As per Article 84 of the Federal Decree Law No 25 of 2025, Persons who have attained the age of eighteen Gregorian years and are of sound mind shall acquire the capacity to have rights and to assume obligations. This means young adult investors can legally enter into binding property deals on their own. The new law also clarifies conflict-of-laws rules. Article 19 allows parties to choose the governing law for contractual obligations, while real estate contracts remain governed by the law of the place where the property is located. Where no law is chosen, Article 19 applies the law of the country where the parties have a common domicile; if their domiciles differ, the law of the country where the main obligation of the contract is performed will apply, unless the circumstances show that another law was intended. Article 20 further provides that non-contractual obligations are generally governed by the law of the country where the event giving rise to the obligation occurred, subject to the statutory exception stated in the article. Pre-Contractual Responsibilities In real estate transactions, buyers often rely on project representations, disclosures and financial information prior to making a purchase. Articles 121 to 123 of Federal Decree-Law No. 25 of 2025 strengthen this pre-contractual stage by dealing with good faith in negotiations, disclosure obligations and confidentiality. Article 121 requires pre-contractual negotiations, their conduct, and termination to be carried out in good faith. However, negotiations do not oblige either party to conclude the contract. A party may withdraw from negotiations, provided this is not done in bad faith. Bad-faith negotiations or termination may give rise to liability for actual damage suffered, but not expected profits or lost opportunities unless otherwise agreed. It also treats the deliberate omission of a material statement affecting the validity of the contract as bad faith. In real estate transactions, this may include undisclosed information relating to the project, property condition, approvals, defects, delays, or ownership. Article 122 requires disclosure of information that is decisive to the other party’s consent where that party is presumed unaware of it or has relied on the contracting party. This obligation cannot be excluded by agreement. Concealment of such information may entitle the affected party to seek annulment of the contract. Article 123 protects confidential information acquired in the course of the negotiations or the performance of the contract. Use or disclosure without authorisation may give rise to liability. Taken together, these provisions offer greater protection against bad-faith negotiations, non-disclosure and misuse of confidential information in real estate transactions. Contractual Performance, Hardship, and Liquidated Damages The new Civil Transactions Law preserves the binding force of contracts while recognising that certain events may affect performance. Article 138 allows parties to enter into framework agreements that set essential terms for future contracts, which can be useful in long-term real estate and investment arrangements. The law also makes a distinction between hardship and force majeure: Article 224 states that if the performance has become excessively difficult as a result of events that were exceptional, general and unforeseeable but the performance is still possible, the court may reduce the obligation to a reasonable level or cancel the contract. Any agreement to the contrary is null and void. By contrast, Article 236 applies where the performance becomes objectively impossible for reasons outside the control of the debtor, in which case the obligation may be extinguished and the contract dissolved. This distinction is relevant for real estate investors because generally increased costs, delays, or commercial difficulties do not amount to force majeure unless performance is impossible, but unforeseen public events that make performance excessively burdensome may in some cases justify judicial intervention under Article 224. Article 340 of the Civil Transactions Law governs liquidated damages. Parties may agree in advance on compensation for breach, but the court may reduce it if the debtor proves it is excessive or the obligation was partly performed. The court may also reduce or deny compensation if the creditor contributed to or aggravated the harm. Compensation above the agreed amount is allowed only where the creditor proves fraud or gross fault by the debtor. Any agreement excluding these rules is void. Article 836 of the Civil Code states that the employer can terminate the contract before its completion. The contractor is compensated for the expenses incurred, the work performed, and the profit lost. The court may reduce compensation for lost profit to such extent as fairness so requires, having regard to any savings or alternative earnings. Completed Properties and Hidden Defect Claims For purchasers of finished flats, the condition and quality of the unit remain important after handover. Article 495 of the Civil Transactions Law provides that if there is a latent defect in the property sold, the purchaser may return it or keep it and demand a reduction of price in proportion to the defect. The seller can avoid this by giving, if applicable, a defect-free equivalent. Article 497 sets out cases where the seller will not be liable for a defect, including where the defect was disclosed at the time of sale, where the buyer knew of or accepted the defect, where the defect is customarily tolerated, or where liability was validly excluded. However, the seller cannot rely on an exclusion where the defect was deliberately concealed by fraud or where the buyer was prevented from discovering it. Article 510 provides that defect warranty claims will not be heard after one year from the day following delivery, unless the seller agreed to a longer warranty period. The seller cannot rely on this time limit if the defect was fraudulently concealed. Dubai Specialised Off-Plan Protections and Buyer Default In Dubai, off-plan real estate transactions are regulated by Law No. 13 of 2008 on the Interim Real-Estate Register in the Emirate of Dubai, as amended. Article 3 requires all dispositions relating to off-plan units to be recorded in the Interim Real Estate Register, failing which the transaction is void and unenforceable. Article 11, as amended by Law No. 19 of 2020, lays down a mandatory procedure which developers must follow when a purchaser breaches an off-plan sale agreement. The developer has to notify the Dubai Land Department (DLD) of the purchaser's default. The DLD will then verify the breach and inform the purchaser in writing. It will allow a 30-day period to meet the contractual obligations and, where possible, facilitate an amicable settlement between the parties. Where the purchaser fails to remedy the breach within the period, the DLD may issue a document confirming that the developer has followed the statutory process and indicating the percentage of completion of the project. The developer may avail of the remedies available under Article 11 on the basis of that document. The buyer retains the right to institute legal or arbitral remedies. Article 11 of Law No. 13 of 2008 (as amended by Law No. 19 of 2020) stipulates remedies for purchaser default, depending on the stage of project completion. If the completion is over 80%, the developer can perform the contract, seek an auction of the unit or terminate and keep up to 40% of the unit value. If completion is between 60% and 80%, the developer may terminate and retain up to 40% of the unit value. Where the developer has commenced work and completion is below 60%, the developer may terminate and retain up to 25% of the unit value. Excess amounts must be refunded. If work has not commenced due to reasons beyond the developer’s control,  and without negligence or omission on its part, or if the project is cancelled pursuant to a final reasoned decision of RERA, purchaser payments must be refunded. Article 13 of Dubai Executive Council Decision No. 6/2010 on the Approval of the Executive Regulation of Dubai Law No 13/2008 requires compensation where net area decreases by more than 5%. Tribunals and Amicable Settlement Pathways Where a Dubai real estate project is cancelled by a final reasoned decision of RERA, disputes relating to that project may fall within the jurisdiction of the Special Tribunal established under Decree No. 33 of 2020 on the Judicial Committee for Unfinished and Cancelled Real Estate Projects in the Emirate of Dubai. The Tribunal has the power to liquidate cancelled projects, determine and settle rights of investors and purchasers and to dispose of disputes arising from incomplete or cancelled developments. Law No. 8 of 2007 on Guarantee Accounts is still relevant because payments for off-plan units are generally deposited into project escrow accounts. But the recovery by purchasers is not guaranteed automatically in full, but depends on the particular liquidation process, statutory provisions and the available funds. Dubai has friendly ways of settling disputes before you go to court. The Centre for Amicable Settlement of Disputes was originally established under Law No. 16 of 2009 and now operates within Dubai’s updated conciliation framework under Law No. 18 of 2021, as amended by Law No. 9 of 2025. Under Article 1(3) of Dubai Decision No. 4 of 2025, the Centre has jurisdiction to hear disputes with a claim value not exceeding AED 500,000, save for certain disputes involving regulated financial institutions. It also responds to claims for division of common property, except inheritance-related ones. Settlements made via the Centre are registered, authorised and granted executory force, which means that they are enforceable according to the applicable enforcement procedures. Conclusion Real estate investor disputes in Dubai must be carefully considered in light of both federal civil law remedies and Dubai-specific property rules. The new Civil Transactions Law enhanced certain areas important to property buyers, such as legal capacity, pre-contractual disclosure, good faith negotiations, hardship, liquidated damages and defect claims. Dubai’s real estate laws offer specific protections for off-plan buyers, default procedures, cancelled projects, escrow accounts and area discrepancies at the same time. For investors, the key issue is not only identifying a breach but also choosing the correct legal route. A delay, defect, cancelled project, payment dispute, or misrepresentation claim may fall under different procedures depending on the facts, the stage of the project, the contract terms, and the authority involved. Early legal review can help preserve evidence, assess recovery options, and avoid procedural mistakes. Author: Awatif Al Khouri

Unpaid invoices can have a serious effect on a business. Late payments can disrupt the cash flow of suppliers, service providers, contractors, landlords and trading companies, put pressure on staff and vendors, and make it difficult to continue operating smoothly. Debt recovery in the UAE is more than just sending reminders. It’s about the right legal step at the right time with the right documents. A Dubai debt recovery lawyer can help companies to establish whether the matter can be resolved through negotiation, a payment order, a civil or commercial case or enforcement proceedings. The right course of action will depend on the type of debt, the documentation you have, and the debtor’s financial ability. Understanding Business Debt in the UAE Business debt may arise from unpaid invoices, bounced cheques, loan agreements, supply contracts, service agreements, rent, construction payments or commercial credit facilities. In most cases, it is for the creditor to prove the debt is valid, due and unpaid. This is why documentation is very important. Before starting any recovery action, a business should collect the contract, purchase orders, invoices, delivery notes, emails, WhatsApp messages, account statements, bounced cheque records, and any written admission by the debtor. In the UAE, commercial debts are typically dealt with by the legal system through civil or commercial court proceedings. The Commercial Transactions Law also recognises the commercial obligations and the corresponding payment obligations between traders and companies. Step 1: Review the Documents First, determine whether the debt is clearly established. A simple unpaid invoice may not always be enough when the debtor objects to the goods, services, quantity, quality or delivery. A creditor should review: Whether there is a signed contract or purchase order Whether invoices were issued correctly Whether delivery or completion is acknowledged Whether payment terms are clear Whether the debtor has admitted the outstanding amount Whether there is any dispute about performance Whether the claim is within the limitation period This review helps decide whether the matter is suitable for a faster payment order route or whether it should proceed as a normal court claim. Step Two: Legal Notice and Settlement Attempt Usually, a formal legal notice is served prior to filing a case. The notice will normally state the debt, refer to the documentation upon which the claim is based, demand payment within a certain time frame, and warn that failure to pay may result in legal action. A legal notice can also sometimes result in settlement, especially if the debtor wants to avoid court proceedings, enforcement or damage to commercial relationships. It also demonstrates that the creditor has acted reasonably before approaching the court. However, legal notices should be drafted carefully. The wording should be firm but not defamatory, threatening, or excessive. The purpose is to demand payment and preserve the creditor’s rights. Payment Order Route One of the useful legal options for debt recovery in the UAE is the payment order procedure under the Civil Procedure Law. This route may be available where the creditor has written proof of a fixed and due amount, such as a commercial paper, written acknowledgement, invoice supported by documents, or other clear evidence. The advantage of this route is that it can be faster than a full civil case, provided the documents are strong and the debt is not highly disputed. If the court accepts the application, an order may be issued against the debtor. Filing a Civil or Commercial Case If the debt is in dispute or the documents require detailed examination, the creditor may file a civil or commercial claim before the competent court in the UAE. The court will take into account the pleadings and documents and any defence raised by the debtor. In some cases the court might appoint an expert, especially when the dispute relates to accounts, construction works, quantities supplied, contractual performance or technical matters. The expert can examine invoices, ledgers, correspondence and payment records before preparing a report for the court. The court will then issue a judgment based on the documents, expert report, and legal arguments. Interest and Compensation In commercial debt matters, creditors may claim interest or compensation where permitted by law, contract, or court practice. The UAE Commercial Transactions Law recognises that delay in payment of commercial debts may attract consequences, unless the law or agreement provides otherwise. That said, interest and remuneration should be sought judiciously. The Court shall take into consideration the terms of the contract, the nature of the transaction, the amount due and the applicable principles of law. Businesses should not assume that interest will be paid in full just because a payment is late. Enforcement After Judgment Winning the case is not the last step. If the debtor is still unwilling to pay, the creditor has to enforce the judgment. Enforcement could include, where legally available, attachment of bank accounts, attachment of movable assets, restriction on travel, inquiry into assets and other execution measures allowed by law. The enforcement stage is often the most important part of debt recovery. A creditor should act quickly once judgment becomes enforceable, especially where there is a risk that the debtor may move funds or dispose of assets. Bounced Cheques and Debt Recovery Bounced cheques are still common in commercial transactions. In the UAE, the legal treatment of bounced cheques has changed over time, and not every bounced cheque matter is handled in the same way. Depending on the circumstances, the creditor may have civil enforcement options, payment order options, or other legal remedies. A cheque can be good evidence of debt, but the creditor still has to take the correct legal route. Businesses should not rely solely on the cheque. They should also keep the underlying contract, invoices and correspondence. Insolvency and Bankruptcy Options Where the debtor company is in financial difficulties, normal debt recovery may not be sufficient. UAE Bankruptcy Law provides a financial restructuring and bankruptcy framework. This may be relevant when the debtor is unable to pay several creditors or is in serious financial difficulties. Bankruptcy proceedings may be an option for creditors when the debt is of a legal nature and normal recovery steps are not effective. However, this is a serious route and should be considered carefully, as it could impact timelines, recovery prospects and the debtor’s broader financial position. Why Businesses Should Act Early Many companies wait to take legal action, hoping the debtor will eventually pay. Settlement should always be explored, but long delays can undermine the creditor’s position. Documents are lost, witnesses become unavailable, the debtor becomes insolvent, and assets vanish. Early legal review helps a business choose the right strategy. It may also prevent unnecessary court costs if the matter can be settled through structured negotiation. Mrs Awatif Al Khouri’s involvement in debt recovery matters reflects the importance of clear preparation, careful document review, and practical legal direction. For businesses, this type of approach can make the recovery process more structured and less stressful, especially when the debt involves cross-border parties, commercial pressure, or urgent enforcement concerns. Practical Tips for Creditors Where possible, businesses should use written contracts, issue invoices on time, confirm delivery or completion in writing, avoid purely verbal arrangements for payment and follow up on overdue payments quickly. This is also helped by keeping a clear statement of account and getting written acknowledgement of outstanding dues from the debtor. If the debtor asks for more time, the payment arrangement should be put in writing. If post-dated cheques are accepted, a clear agreement should be in place stating the reason for the payment. Conclusion In the UAE, debt recovery is not about sending constant reminders. The creditor needs to know how strong the documents are, the proper legal route and the practical chances of enforcement. Depending on the circumstances, these can include settlement, legal notice, a payment order, civil or commercial proceedings, enforcement or insolvency-related steps. Timing can make all the difference for businesses, suppliers and creditors. A debt recovery lawyer in Dubai can help you assess the documents, find the right court process and pursue recovery in a systematic way. Mrs Awatif Al Khouri’s involvement in such matters adds value where businesses require practical guidance, careful legal assessment and a clear recovery strategy from the outset. Author: Awatif Al Khouri

The UAE has developed a modern legal and regulatory framework that has strengthened its position as a leading centre for commercial dispute resolution. For a growing international business hub, a clear and reliable dispute resolution system is essential for economic growth, foreign investment, and business confidence. In the past, commercial disputes in the region were mainly handled through general civil litigation procedures, which could be difficult for international parties to navigate. Over time, the UAE introduced important legal reforms, updated arbitration laws, restructured key institutions, and adopted international enforcement standards. These changes have improved the arbitration system in both onshore UAE courts and offshore areas like the Dubai International Financial Centre. Party autonomy, limited court intervention and clearer procedures for recognition and enforcement of arbitral awards support arbitration in the UAE. The article covers the major legal developments affecting arbitration in Dubai, including the Federal Law No. 6 of 2018 and its amendments, the DIFC’s common law framework, Dubai Decree No. 34 of 2021, and the procedures for enforcing domestic and foreign arbitral awards. The Onshore Legislative Framework: Federal Law No. 6 of 2018 The main law governing onshore arbitration in the UAE is Federal Law No. 6 of 2018 on Arbitration. It came into force in June 2018 and replaced the earlier arbitration provisions under the former Civil Procedures Law. The law is based on the UNCITRAL Model Law and gives parties greater flexibility in conducting arbitration. Article 2 states that this law applies to arbitrations based in the UAE, unless the parties choose another arbitration law that does not go against UAE public order or morals. It may also apply to international commercial arbitrations outside the UAE upon the agreement of the parties. The Federal Arbitration Law also recognises the separability of an arbitration agreement under Article 6. This means that an arbitration clause is treated as separate from the main contract. Therefore, even if the main contract is cancelled, terminated, or found invalid, the arbitration clause may still remain valid if it is valid on its own. Article 19 additionally empowers the arbitral tribunal to determine its own jurisdiction, including addressing objections concerning the existence or validity of the arbitration agreement. A party may challenge such a decision before the Court of Appeal within the prescribed period, but this does not automatically stop the arbitration proceedings. Article 7 states that an arbitration agreement shall be in writing. It can be satisfied by a signed document, a written communication, an electronic communication, or a reference in a contract to a document containing an arbitration clause. Article 4 of the Federal Arbitration Law sets an important requirement on capacity and authority. An arbitration agreement can only be entered into by a person who has legal capacity, or by an authorised representative of a company or other legal entity. If this authority is missing, the arbitration agreement may be treated as null and void. For companies, it is therefore important to ensure that the person signing the contract has clear authority to agree to arbitration. This is usually shown through the company’s constitutional documents, a board resolution, or a power of attorney giving specific authority to enter into an arbitration agreement. Under the Federal Arbitration Law, Article 21, an arbitral tribunal may issue an order for interim or precautionary measures when such measures are required. They may include preserving evidence, protecting assets, maintaining the status quo between the parties or preventing imminent harm in the course of arbitration. Such interim orders can also be enforced before the court by a party, if the legal requirements are fulfilled. Article 41 sets out the form and content of an arbitral award. The award must be in writing, signed by the arbitrator or majority of arbitrators, and should include the parties’ details, the arbitration agreement, a summary of the claims, the operative part of the award, and the reasons where required. The law also recognises modern signing methods, including electronic signing, unless the parties agree otherwise. The Offshore Dimension: DIFC Common Law Framework and Jurisdictional Bifurcation The UAE’s position as an arbitration hub is strengthened by its dual legal system, which includes both onshore civil law courts and offshore common law jurisdictions. One of the offshore seats is the Dubai International Financial Centre (DIFC). Arbitration seated in DIFC shall be governed by the DIFC Arbitration Law, DIFC Law No. 1 of 2008. DIFC has a common law regime in English, which is familiar to many international businesses. Its arbitration law is also based on the UNCITRAL Model Law, so it is a feasible choice for cross-border commercial disputes. Article 12 of the DIFC Arbitration Law takes a flexible approach to arbitration agreements. This requirement can be satisfied if the agreement is recorded in any form, including through electronic communications. An arbitration agreement can also be recognised if, during the exchange of statements of claim and defence, one party mentions the agreement and the other does not dispute it. A contract may also validly contain an arbitration clause by clear reference to another document containing an arbitration clause. The DIFC arbitration framework experienced a major shift with the DIFC Law and its amendments, which clarified the power of the DIFC Courts to stay court proceedings in the presence of a valid arbitration agreement. This amendment allows the DIFC Courts to stay proceedings even if the arbitration is seated outside the DIFC, is seated in another country, or the seat is unspecified. This is to support the recognition of arbitration agreements and brings the DIFC framework in line with the UAE’s obligations under the New York Convention. Institutional Restructuring: Decree No. 34 of 2021 and the Unified Dubai International Arbitration Centre Dubai Decree No. 34 of 2021 further simplified the arbitration framework in Dubai. Dubai International Financial Centre Arbitration Institution and the Emirates Maritime Arbitration Centre were abolished by the decree, and the Dubai International Arbitration Centre (DIAC) was restructured to become the leading arbitration centre in Dubai. The reform aims to unite all the arbitration services in Dubai under one roof and to develop a more integrated system to deal with arbitration disputes in the emirate. It also provided for DIAC to have its headquarters in onshore Dubai and a branch in the DIFC. Article 6 protected existing arbitration agreements. Any agreement referring disputes to the abolished centres remained valid, with DIAC taking over the administration of those disputes unless the parties agreed otherwise. Ongoing cases were also allowed to continue without interruption under the applicable rules and procedures. The DIAC Arbitration Rules 2022 also reflect the integration of Dubai’s onshore and offshore arbitration framework. Where the parties have not agreed on the seat of arbitration, the initial seat shall be DIFC under Article 20.1. The arbitral tribunal may later decide otherwise, having regard to the views of the parties and the circumstances of the case. This is important because the place of arbitration decides the procedural law and the court that has jurisdiction over the arbitration. Where the seat is the DIFC, the DIFC Arbitration Law and the DIFC Courts will generally have supervisory jurisdiction. In contrast, if the parties explicitly choose onshore Dubai as the seat, the curial supervision of the arbitration is with the onshore civil courts under the Federal Arbitration Law. The DIAC Arbitration Rules 2022 introduced several measures to make arbitration proceedings faster, clearer, and more efficient. The rules provide for the DIAC Arbitration Court to supervise important administrative matters, including the appointment of tribunals and the review of draft awards before they are issued. Article 13 also introduced an alternative appointment process, allowing parties to take part in the selection of sole arbitrators or chairpersons through a shortlisting and ranking system. The rules further require party representatives to show proper authority, which helps avoid later disputes about whether a person was authorised to act in the arbitration. Article 32 also provides for accelerated proceedings in appropriate cases, such as claims of lesser value, cases agreed by the parties, or cases of exceptional urgency. In addition, the rules also cover other issues such as legal costs, third-party funding, joinder of parties and consolidation of related arbitrations, making the framework more practical for modern commercial disputes. The Enforcement Paradigm: Onshore and Offshore Frameworks The effectiveness of any arbitration framework largely depends on the speed and dependability of enforcement of arbitral awards. A valid arbitral award shall have the same binding force as a judgment of a court in the UAE onshore system, pursuant to Article 52 of the Federal Law No. 6 of 2018 on Arbitration. A party seeking enforcement shall apply to the competent Court of Appeal under Article 55 and shall submit the award, the arbitration agreement and Arabic translations where required.  The court shall issue the order of recognition and enforcement within 60 days unless it is established that the order is subject to nullity under Article 53. Article 53 limits the grounds on which enforcement or annulment of an award may be refused. Most of these grounds are procedural or jurisdictional, including the invalidity of the arbitration agreement, the incapacity of the parties, the lack of proper notice or the exceeding of authority by the tribunal. The court may also refuse to enforce the award if the dispute is not arbitrable or if the award is against the public policy or morals of the UAE. It is important to note that the filing of an annulment action does not necessarily imply a stay of enforcement. According to Article 56, the application for a stay shall be made in an express manner, and the Court shall decide on the application within the time-limit fixed. In DIFC, enforcement is regulated by Articles 42 and 43 of the DIFC Arbitration Law.  The scope of Article 44 is broad and reflects the UNCITRAL Model Law and the New York Convention, providing narrow grounds on which the DIFC Courts may refuse to recognise and enforce awards based on a written application. In 2006, the UAE became a signatory to the 1958 New York Convention, the main instrument for enforcing foreign arbitral awards. Where the Convention or another treaty is not applicable, enforcement may be carried out pursuant to Federal Decree-Law No. 42 of 2022 on Civil Procedures. Article 222 deals with the procedure for enforcement of foreign judgments and orders. Under Article 223, the relevant enforcement framework is applicable to foreign arbitral awards, provided the award is arbitrable under the laws of the UAE and is enforceable in the country of issuance. Conclusion The UAE arbitration framework is a clear indication of the direction of movement towards modern, efficient and internationally aligned dispute resolution. The UAE has combined onshore court support, offshore common law structures, institutional reform and reliable enforcement mechanisms to create a strong platform for the resolution of complex commercial disputes. Arbitration is likely to be an even more important means of safeguarding commercial certainty and investor confidence with cross-border trade, investment, technology and regional business activity on the rise. The ongoing development of arbitration in the UAE reflects a proactive stance, establishing the country not only as a regional dispute resolution centre but also as an increasingly significant international arbitration hub. Author: Awatif Al Khouri

Introduction In the UAE, travel bans are commonly used to protect the rights of creditors, claimants, and the authorities during civil, criminal, and family-related proceedings. This is especially important in a country where a large part of the population consists of expatriates who may be able to leave the country quickly if a dispute or case arises. Because of this, many residents and businesses now search for ways to do a travel ban UAE check before travelling, renewing visas, changing jobs, or dealing with court matters. A travel ban can affect a person’s ability to leave the UAE, and in some cases, it may be connected to unpaid debts, bounced cheques, civil execution files, criminal complaints, family disputes, or immigration-related issues. The UAE legal system seeks to maintain a balance between two. Creditors and claimants must have a practical means of protecting their rights. On the other hand, people should not be stopped from travelling without a proper legal basis. This balance is reflected in various laws such as Federal Decree-Law No. 42 of 2022 on the Civil Procedure Law, Federal Decree-Law No. 38 of 2022 on the Criminal Procedure Law and the relevant family law framework, including personal status laws and civil personal status laws where applicable, depending on the nature of the dispute. Civil and Commercial Enforcements under Federal Decree Law No. 42 of 2022 The imposition of travel restrictions in civil and commercial disputes is governed by Article 324 of Federal Decree-Law No. 42 of 2022 (Civil Procedure Law). A creditor who reasonably fears that a debtor may leave the UAE to avoid repayment may apply for a travel ban. The debt is usually required to be AED 10,000 or more, but there are different rules for established alimony, work-related obligations, and obligations to do or not do a specific act. The debt should normally be due, unconditional and known. If the amount is not fixed, the judge can give a provisional assessment based on written evidence and order the creditor to provide a guarantee approved by the court. It also enables the judge to hold a brief inquiry, direct the deposit of the debtor’s passport with the court and circulate the travel ban at the exit points of the UAE. Travel restrictions are not limited to civil and commercial debts. Article 324 also empowers the personal status execution judge to prevent a child from travelling where such travel would breach the applicable family law framework, including matters relating to custody, guardianship, child travel, maintenance, and enforcement of family court orders. Precautionary civil travel bans may be issued on petition and, in practice, can sometimes be made without prior notice, meaning individuals may only discover them when travelling or dealing with immigration authorities. The Civil Procedure Law also applies this mechanism to private juristic persons. Under Article 322, where the debtor is a company or other private legal entity, the execution judge may impose measures, including a travel ban, on its legal representative or other responsible persons if they are personally responsible for the failure to comply with the execution order. Such measures require investigation and are not an automatic consequence of a company’s unpaid debt. The enforcement mechanisms are also linked to the Commercial Transactions Law issued pursuant to Federal Decree-Law No. 50/2022. According to Articles 630 and 667 of Federal Decree-Law No. 50 of 2022 on Commercial Transactions, a dishonoured cheque due to insufficient funds can be regarded as a writ of execution, which permits the cheque holder to initiate execution proceedings directly. In such proceedings, the creditor may also request, under the applicable provisions of the Civil Procedure Law, a travel ban. Criminal Travel Restrictions and Public Prosecution Discretion under Federal Decree Law No. 38 of 2022 In criminal matters, the provision on travel bans is Article 99 of Federal Decree-Law No. 38 of 2022 on the Criminal Procedure Law. This article allows a member of the Public Prosecution to issue a travel ban against a defendant where required by the circumstances of the case. Once issued, the travel ban must be circulated to all UAE ports. The purpose of a criminal travel ban is to ensure the defendant is available for investigation, prosecution or trial. Such restrictions may be imposed in cases of fraud, breach of trust, forgery, drug offences, serious traffic offences or other criminal complaints when the authorities consider the presence of the defendant necessary. A criminal travel ban is separate from detention. A person may be subject to a travel ban even if they have not been arrested. Where the defendant is detained or released pending proceedings, Articles 108 and 109 may become relevant. Article 108 deals with temporary release from remand, while Article 109 allows release on personal guarantee, bail, or with a travel ban, depending on the circumstances of the case. However, release from detention or grant of bail does not automatically mean that a travel ban is lifted. The travel restriction may need to be addressed separately before the competent authority. Travel restrictions may also arise at the criminal enforcement stage. Under Article 308 of the Criminal Procedure Law, judgments imposing fines, refunds, compensation, or other financial penalties may be enforced by the Public Prosecution. In such cases, a travel ban may be issued as part of the enforcement process until the required amounts are settled or the competent authority decides otherwise. Custodial Safeguards and Travel Restrictions under Family and Personal Status Frameworks Travel restrictions are also sometimes invoked in child custody and family law disputes, particularly where there is a concern that a child could be relocated from the UAE without consent. According to Article 116 of Federal Decree-Law No. 41 of 2024 on Personal Status, a custodial parent can travel outside the UAE with the child with the written consent of the other parent or the child’s guardian, as the case may be. Where consent is refused, the court may authorise the custodial parent to travel with the child for a period or periods not exceeding 60 days in a year, provided the court is satisfied that the child’s return can be secured. The court may extend this period where travel is in the child’s best interest, for medical treatment, or due to urgent necessity. This family law mechanism is relevant to travel ban matters as the court may intervene where child travel would breach custody, guardianship or parental consent requirements. Depending on the parties, the forum and the nature of the custody or child travel dispute, Federal Decree-Law No. 41 of 2022 on Civil Personal Status may be relevant in non-Muslim family matters. Article 117 of Federal Decree-Law No. 41 of 2024 on Personal Status also allows the child to travel with the custodian. The child’s passport is usually kept with the guardian, but must be handed over when travel is authorised. Where the guardian unreasonably refuses to hand it over, the court may order that the custodian retain the passport to avoid obstacles to authorised child travel or custody arrangements. Article 124 also states that the custodian may keep the child’s identification documents, provided they are not to be used for travelling without the guardian’s or the court’s approval or in a way that is contrary to the best interests of the child. Article 252 reinforces this by imposing criminal penalties, including imprisonment and/or a fine between AED 5,000 and AED 50,000, on a custodian who takes the child outside the UAE without the permission of the guardian or the court. In terms of non-Muslim family matters, Cabinet Resolution No. 122 of 2023 has introduced the child travel regulation during joint custody in Articles 21 and 22, which states that no parent shall take the child outside the UAE without the consent of the other parent. The court may authorise travel with appropriate guarantees for the return of the child or temporarily prohibit the child from travelling where the objections are justified. Remedial Procedures for Removing Travel Bans The first thing you should do is check the status on the official public portals. It is available on the Dubai Police website or app, using the Emirates ID, in Dubai. However, it is recommended to use this service only as an initial check, as some restrictions may still need to be checked with the relevant court, Public Prosecution, immigration authority or execution department. When it comes to lifting a travel ban, the legal structures in the UAE require the applicant to deal with the underlying cause of the dispute or to provide a satisfactory security alternative. The party against whom an order made under Article 324 is a civil travel ban may challenge the order through the applicable grievance procedures. If the order is issued by the execution judge, the grievance shall be submitted in accordance with Article 209(1) of the Civil Procedure Law, which provides for a period of seven working days. Substantively, the restriction can be lifted by several avenues under Article 325: ● By satisfying the debt in full and submitting proof of payment directly to the court execution file. ● By obtaining the written consent of the creditor to withdraw the restriction. ● By submitting a bank guarantee or a solvent personal surety accepted by the execution judge. ● By depositing the exact amount of the claim directly into the court treasury. ● By demonstrating that the creditor failed to initiate a substantive lawsuit within eight days of obtaining a pre-judgment ban, failed to initiate execution proceedings within thirty days of a final judgment, or left the execution case inactive for three consecutive years. In criminal cases, the travel ban remains active until the investigation concludes, a final verdict is issued, or the Public Prosecutor accepts a request to lift the ban based on the submission of alternative guarantees. Conclusion Travel bans in the UAE can arise from civil execution cases, dishonoured cheque claims, criminal investigations, company-related disputes, or family and child custody matters. Because different authorities may impose them, identifying the source of the restriction is essential before seeking removal. The first step is to verify whether a travel ban exists and determine whether it was issued by a civil court, execution judge, Public Prosecution, criminal court, or family court. The available remedy depends on the issuing authority. In civil cases, options may include debt settlement, creditor consent, a court deposit, a bank guarantee, or filing a grievance. In criminal matters, removal depends on the stage of the case and the decision of the competent authority. In family disputes, courts focus on the child’s best interests and preventing unlawful removal from the UAE. The UAE system balances enforcement with fairness by allowing restrictions to be challenged or lifted when the legal basis no longer exists or adequate guarantees are provided. Author: Awatif Al Khouri