UAE Law and Practice Contributed by: Raghad Hammad and Huda Al Zein, BLK Partners
contains the applicable conflict-of-laws rules. Interna- tional conventions play a limited role, with their great- est practical relevance arising in arbitration matters under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958). By contrast, the recognition and enforcement of for- eign court judgments in the UAE are subject to statu- tory conditions including the judgment being final, reciprocity with the issuing country, and no conflict In the UAE, the litigation process is split into two sys- tems: the Onshore (Mainland) system and the Off- shore (DIFC/ADGM) system. The Onshore (Mainland) Process Most insurance disputes in the UAE follow a specific, mandatory path before they ever reach a judge. • Step 1: Internal Complaint: You must first file a formal complaint with the insurance company. It typically has 30 days to give you a final answer. • Step 2: Sanadak (The Ombudsman): If you are unhappy with the insurer’s decision, you must file a case with Sanadak, the UAE’s independent ombudsman for financial and insurance disputes. This is a mandatory step for consumers. with UAE public policy. 9.3 Litigation Process • Step 3: Dispute Resolution Committee (IDSRC): If Sanadak cannot resolve the issue, the case moves to the Insurance Disputes Settlement and Reso- lution Committee. This Committee is chaired by a judge and acts like a mini-court specialised in insurance. • Step 4: Court of Appeal: If the claim is for more than AED50,000, either side can appeal the Com- mittee’s decision to the formal Court of Appeal within 30 days. • Step 5: Court of Cassation: For very high-value or complex cases, a final appeal can be made to the Court of Cassation (the highest court) to check that the law was applied correctly. The Offshore (DIFC and ADGM) Process If your policy is with a company in the DIFC or ADGM free zones, the process is much more like the system in the UK or USA.
• English Language: Everything is done in English, and you can usually go straight to court without an ombudsman. • Written Pleadings: The process starts with a “Claim Form” and a “Statement of Case” where you explain exactly what happened. • Evidence Exchange: Both sides must share the documents they plan to use. This is called “disclo- sure”. • Oral Trial: Unlike the mainland (which relies mostly on written notes), these courts hold live hearings where lawyers argue the case and witnesses can be questioned. If there is a final judgment from a UAE court, the per- son in whose favour it is must apply to the Execution Court. The judge will then issue orders to help recover the claim, such as: • Freezing Orders: Blocking the debtor’s bank accounts. • Asset Seizures: Taking control of property, vehicles or trade licences to pay the debt. • Travel Bans: In some cases, preventing a debtor from leaving the country until the debt is settled. Foreign judgments can be enforced in the UAE, but it is not automatic. The process was changed signifi- cantly to make it faster under Federal Decree-Law No. 42 of 2022, which came into force in 2023. The Fast-Track Process (Onshore) There is no longer a requirement to file a full law- suit to enforce a foreign judgment. Instead, a simple “petition” to an Execution Judge can be filed, who is required to make a decision within five working days. However, the judge will only approve it if certain condi- tions are met. The process is much easier and quicker if the judgment comes from a country that has a treaty with the UAE. Free Zone “Conduits” In the past, people often used the DIFC or ADGM Courts as a “bridge” to enforce foreign judgments across the rest of the UAE. While this is still possible, 9.4 Enforcement of Judgments Enforcement of Domestic Judgments
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