UNITED ARAB EMRITES Law and Practice Contributed by: Ali Dakhlallah, Karen Seif, Matthew Page and William Prasifka, Habib Al Mulla & Partners
essary, typically through judge-led questioning rather than adversarial examination. There are no pre-trial depositions, and witness statements are not used in the same structured manner as in common law sys- tems. Cross-examination, in the traditional sense, is limited, as the judge controls the questioning and may allow parties to suggest questions. Witnesses usu- ally give evidence orally before the court or through written submissions, and the court has discretion to accept or disregard such evidence. In contrast, the DIFC and the ADGM follow common law procedures. Witness evidence plays a central role, with parties typically submitting written witness statements that stand as evidence-in-chief. Witnesses may then be subject to full cross-examination and re- examination at trial. While formal US-style depositions are not standard, the courts may order evidence by deposition or examination before trial in limited cir- cumstances. Witness evidence (such as written witness statements and cross-examination of witnesses) is established in UAE arbitrations, including in those seated in main- land UAE, and this is reflected in the rules of all UAE In onshore UAE courts (including Dubai courts), expert evidence is central to dispute resolution, particularly in technical matters (eg, construction, accounting). Experts are typically appointed by the court under the UAE Evidence Law (Federal Decree-Law No 35 of 2022). The court defines the expert’s mandate, and the expert prepares a written report after reviewing documents and meeting the parties. Party-appoint- ed experts are permitted but carry less evidentiary weight. The expert’s primary duty is to assist the court impartially, not to advocate for either party. Courts often rely heavily on expert reports, though they are not strictly bound by them. In contrast, in arbitrations, and in offshore court pro- ceedings, experts are usually appointed by the par- ties, and their evidence is presented through written expert reports. Experts owe an overriding duty to the court (not the instructing party), requiring independ- ence and objectivity. Experts may be cross-examined arbitration institutions. 8.5 Expert Evidence
at trial, and tribunals or courts may also appoint single joint experts where appropriate.
9. Enforcement 9.1 Enforcement of Judgments
In onshore UAE (including Dubai courts), enforcement is governed by the UAE Civil Procedure Law (Federal Decree-Law No 42 of 2022). A party must apply to the execution judge for ratification of the foreign judg- ment. The UAE courts do not re-examine the merits but will verify specific conditions, including that the foreign court had proper jurisdiction, the judgment is final and enforceable, the parties were properly noti- fied and the judgment does not conflict with UAE pub- lic policy or an existing UAE judgment. In some cases, reciprocity between jurisdictions is also considered. Once recognised, the judgment is enforced through standard execution measures such as attachment or seizure of assets. In the DIFC and the ADGM, foreign judgments may be enforced either directly or by obtaining a recognition judgment, provided requirements such as jurisdiction, finality and absence of fraud or public policy concerns are satisfied. 9.2 Enforcement of Arbitral Awards The procedures for enforcing arbitral awards in the UAE differ depending on whether the award is domes- tic or foreign, and whether enforcement is sought onshore or in the DIFC/ADGM. In onshore UAE, enforcement is governed by the UAE Federal Arbitration Law (Federal Arbitration Law No 6 of 2018). For domestic awards, a party must apply to the competent court of appeal for ratification (recog- nition). The court does not review the merits but may refuse enforcement on limited grounds, such as inva- lidity of the arbitration agreement, lack of due process or violation of public policy. Once ratified, the award is enforced through execution proceedings. For foreign arbitral awards, enforcement is also sought before the court of appeal but is additionally governed by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, to which the
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