UNITED ARAB EMIRATES Law and Practice Contributed by: Stuart Paterson, Janine Mallis and Tania Forichon, Herbert Smith Freehills
property also apply outside the UAE, in the fol - lowing instances: • if either the offender or victim is a UAE citizen; • the offence is committed by an employee in the UAE public or private sector; or • the offence is being committed against UAE public funds. Civil Claims Joinder of overseas parties can be performed both in the DIFC/ADGM Free Zones and onshore, although it appears to be less com - mon in onshore proceedings. 4.2 Service of Proceedings out of the The process for service in the UAE will depend on where the party to be served is located. If the UAE has a treaty with a foreign country where service needs to occur, the process set out in that treaty will be followed. In the absence of a treaty, service happens through diplomatic channels, and the process set out in the Civil Procedure Law needs to be followed. Under the Civil Procedure Law, service out of jurisdiction is now deemed to be effected 21 working days from the date of serving the concerned diplomatic mission in the State with the letter of the Ministry of Foreign Affairs and International Cooperation containing the notifi - cation (Article 11(2)). Service on the defendant must be effected in accordance with the laws of the foreign jurisdiction. DIFC Service in Dubai must be done in accordance with Part 9 of the DIFC Court Rules. Jurisdiction Civil Claims UAE onshore
Permission to serve process outside of the DIFC and Dubai is not required, but it is the responsi - bility of the party serving to ensure compliance with the laws regarding service in the place where service is being effected (DIFC Court Rules, r.9.53–9.54). Service by alternative meth - ods is possible with the court’s permission if the foreign jurisdiction’s laws permit service by the alternative method in question (subject to any treaty rules). ADGM Service outside the ADGM but within the UAE can be done by either following the procedure under Part 4 of the ADGM Court Procedure Rules 2016 or following the rules regarding ser - vice in the place where it is served. Service outside the UAE can be effected with - out permission and by any method permitted by an applicable treaty or convention or the rules regarding the service of the place it serves. The applicable procedure is set out in ADGM Court Procedure Rules 2016 Part 4 Rules 24 and 25. Service on the defendant must not violate the laws of the place of service.
5. Enforcement 5.1 Methods of Enforcement UAE Judgments
In order to enforce a final UAE domestic judg - ment (not subject to any further appeal), the claimant is required to start execution proceed - ings in the courts of the relevant emirate, usually commencing in the courts of the emirate that handed down the judgment. The judgment has to be final and certified by the execution court.
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