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 most effective legal tools available under UAE law is the application for an interim measure in the form of a precautionary attachment order. Pursu - ant to Article 247 of Federal Decree-Law No 42 of 2022 (the UAE Civil Procedure Law, or CPL), a credi - tor may apply to the summary judge for an order to provisionally attach the debtor’s assets 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 con - dition; or • a judgment or award that is not yet final or enforce - able (eg, a Court of First Instance judgment under appeal or an arbitral award pending recognition). The debt must be for a specific and ascertainable amount. The court may request further documents, statements or affidavits, and may conduct a summary investigation – possibly with the assistance of compe - tent authorities – before issuing the attachment order.
This judicial scrutiny acts as a safeguard to ensure that enforcement of a future final judgment is not ren - dered futile due to the dissipation of assets. In the alternative, once a creditor holds an enforce - able writ of execution (eg, a final court judgment or recognised arbitral award), they may initiate execution proceedings. If the debtor fails to satisfy the debt with - in seven days of notification of the execution case, the court will direct various government authorities – including banks, the Land Department, the Roads and Transport Authority, and the Department of Eco - nomic Development – to disclose any assets held in the debtor’s name. The court may then proceed to attach those assets as part of the execution process. 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 2. Domestic Judgments 2.1 Types of Domestic Judgments
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