UAE Law and Practice Contributed by: Mohammed Alsuwaidi, Ali Alraeesi, Rajiv Suri and Merline Dsouza, Alsuwaidi & Company
debtor detention stipulates that a debtor cannot be imprisoned unless the creditor submits proof that the debtor has the means to pay, or that the debtor is involved in transferring or concealing assets, or that they own assets that may be seized and liquidated to fulfil the debt. Travel ban Pursuant to Article 324 of the CPL, if the debt is equal to or more than AED10,000 (excluding debts related to established alimony in support of the debtor’s family, work remuneration or omission of an act) and there are reasonable grounds to believe that the judgment debtor may leave the UAE, the creditor may request that the execution judge issue an order for a travel ban prohibiting the debtor from travelling. In the case of an unliquidated debt, apart from the requirement that the claim for the right of entitlement shall be based on written evidence, the creditor shall provide a guarantee to the court to cover losses or damages the debtor may suffer as a result of being prohibited from travelling if the application for a travel ban is later found to be wrongful or unjustified. A grievance from an order of the execution judge regarding the travel ban order can be submitted or appealed within seven working days from the day fol - lowing the date of its issuance before the President of the Court of First Instance or whomever he or she authorises, other than the judge who issued the deci - sion. The decision issued in the grievance is final. The decision of the execution judge may be appealable within ten working days from the date of its issuance if it was issued in person, and from the date of its notification or knowledge if it was issued in absentia. Enforcement in Dubai outside of DIFC of judgments, decisions or orders issued by DIFC Courts As per Article 7 (2) of Dubai Law No 12 of 2004 as amended by Dubai Law No 16 of 2011 (the Judicial Authority Law), any Court judgment, decision, order or ratified arbitral award issued by the DIFC Court can be enforced through the Dubai Courts if the following conditions are satisfied: • they are final and enforceable;
• they are legally translated into Arabic; and • they are certified by the DIFC Courts for execution and have the following formula of execution affixed by the Courts: “Authorities must take the initiative to enforce this document and assist in implement - ing it, even forcefully, whenever requested to do so.” In addition, the judgment creditor must obtain an execution letter, commonly referred to as a “Judicial Deputation to Enforcement,” from the DIFC Courts. The DIFC Courts Registry issues the execution letter addressed to the Chief Justice of the Dubai Court of First Instance, setting out the enforcement measures sought and authorising the Dubai Courts to proceed with execution. Once these conditions are satisfied, the Dubai Courts may enforce the DIFC judgment without reconsidering or re-litigating the merits of the dispute. The role of the Dubai Execution Court is lim - ited to supervising and implementing enforcement in accordance with the applicable procedural rules. It should further be noted that Dubai Decree No 29 of 2024 introduced the Conflicts of Jurisdiction Tribunal, which may intervene in cases involving parallel pro - ceedings before the DIFC Courts and Dubai Courts. Enforcement in emirates other than Dubai of judgments, decisions or orders issued by DIFC Courts DIFC Court judgments, decisions and orders can be enforced in other emirates of the UAE through the competent local courts or execution authorities in accordance with the procedures and rules applicable in those emirates. Enforcement may be pursued either directly before the competent execution authority or through the referral/deputisation mechanism provided under the Federal Civil Procedures Law, subject to the applicable procedural requirements and any memo - randa of understanding entered into between DIFC Courts and local judicial authorities and in accordance with any agreements or memoranda of understanding between DIFC Courts and these onshore courts. Enforcement of ADGM judgments within onshore jurisdictions Enforcement of ADGM judgments outside of the ADGM jurisdiction can be done in one of two ways:
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