UAE Law and Practice Contributed by: Mohammed Alsuwaidi, Ali Alraeesi, Rajiv Suri and Merline Dsouza, Alsuwaidi & Company
Alsuwaidi & Company 252 Emarat Atrium Building Sheikh Zayed Road PO Box 300 Dubai UAE
Tel: +971 4 321 1000 Fax: +971 4 321 1001 Email: info@alsuwaidi.ae Web: www.alsuwaidi.ae
1. Identifying Assets in the Jurisdiction 1.1 Options to Identify Another Party’s Asset Position Obtaining reliable information on a debtor’s asset posi - tion in the UAE is inherently challenging, particularly in the absence of a final and enforceable judgment. Even sophisticated parties such as credit agencies and private investigators face limitations in accessing verified asset data due to confidentiality norms and data protection restrictions. One of the principal remedies available under UAE law is the application for an interim measure in the form of a precautionary attachment order. Pursuant to Article 247 of Federal Decree-Law No 42 of 2022 (the UAE Civil Procedure Law, or CPL), a creditor may apply to the summary judge for an order to attach the debtor’s assets provisionally to secure a monetary claim. This remedy is available where the creditor possesses: • an official or ordinary document evidencing a debt that is due and not subject to any suspensive condition; or • a judgment or award that is enforceable provided that the debt must be for a specific and ascertain - able amount. The court may, before responding to the attachment request, require further documents, statements or affi - davits, and may conduct a summary investigation with the assistance of competent administrative authorities when it finds that necessary before issuing the attach -
ment order. This judicial scrutiny acts as a safeguard to ensure that enforcement of a future final judgment is not rendered futile due to the dissipation of assets. Alternatively, once a creditor holds an enforceable writ of execution (eg, a final judgment or an arbitral award), they may initiate execution proceedings. If the debtor fails to satisfy the debt within seven days of notification, the court may direct government authori - ties, including banks, relevant departments including transport and real estate, to disclose assets held in the debtor’s name. The UAE courts operate under a civil law system (onshore courts). The emirates of Dubai and Abu Dha - bi have established financial free zones within their territories: the Dubai International Financial Centre (DIFC) and the Abu Dhabi Global Markets (ADGM), which both operate under a common law system. Enforcement Before Onshore Courts Domestic judgments and any writ of execution set forth in Article 212 of the CPL can be enforced in the UAE. The form of the writ of execution is as follows. • Judgments and orders, including penal judgments, along with any refunds, compensation, fines and other civil rights contained therein. This category includes: 2. Domestic Judgments 2.1 Types of Domestic Judgments
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