The Courts in Dubai made a historic decision by passing the recent rulings. The court of Dubai has decided to introduce a pro-enforcement stance announcing a major shift towards foreign judgments. The recognition and enforcement is a direct result of a prominent case named Al Tamimi and Company. Notably, the English High Court of Justice judgment in Dubai offered a summarized judgment. Nonetheless, it was issued via an interlocutory application.
There was no full trial carried out. This remarkable move by the Dubai Courts has shown a cohesive and systematic process of the judiciary. For the details about verdict and the legal support, we must say contact our lawyers and legal consultants. We are a full service established and well known Emirati law firm in UAE, located in Dubai.
Time of implementation
Besides, it was made so quickly that it was recognized and enforced within 1 business day. This signals a more efficient and effective judiciary system in Dubai. You can learn more through our lawyers in Dubai.
A Land mark decision
This landmark decision regarding the Pro-Enforcement Shift in Dubai Courts sets a broader trend in the judiciary of the Country.
Foreign judgements are accepted now
Furthermore, this shows openness and acceptance of foreign judgments in Dubai courts. More specifically, the decisions from English courts are accepted more quickly. Our Lawyers at our Law Firm guide you better about this. Our law firm does locate in Dubai.
A trendsetter
This will be a trendsetter in the future in the United Arab Emirates. Dubai Court of Cassation upheld the enforcement and recognition as the beginning of the new era in Dubai.
Reference from Past
In the past, it has happened that Dubai courts accepted the decisions of English court judgments. This is a symbol of reinforcing a principle of reciprocity between the courts. In this manner, the precedence is set that the courts of UAE and England and Wales can collaborate, reinforce, and recognize each other’s judgments.
Cooperation between two nations
It is done based on mutual respect between the 2 nations. The judicial decision of the Dubai Court of Cassation’s confirmation displays the concept of reciprocity.
It is not done overnight and thus, existed between the English and UAE courts much before. Besides, it is a major development in the legal landscape of the 2 countries. In the future, it will allow room for parties who intend to seek and enforce English judgments in the Emirates. In the past, several prior decisions were made, especially in 2021. In this ruling, the English Court of Appeal ruled in the Lenkor Energy Trading case.
What judgement says
As per the judgment, the English courts allowed the Dubai court judgments to be enforced and recognized in England. The decisions were the ultimate and conclusive decision made. This decision established reciprocity between the 2 different jurisdictions of the 2 countries. The acceptance of English courts was then issued in the UAE by the UAE Ministry of Justice (MOJ). The circular was issued to acknowledge the new precedence set by the courts of England and Wales. This was the turning point that facilitated the enforcement of English judgments in the Emirates.
Similar tie-ups with others
With the successful recognition and enforcement of foreign judgments, the Dubai
Courts plan to expand to other jurisdictions. In another instance, a more recent decision was made by the Dubai Court of Cassation. In this, they approved the enforcement of a Canadian summary judgment in the UAE.
Ending note
The recent ruling by the Courts in Dubai set a transitional shift towards foreign judgments. The attitude is more welcoming and enforcement friendly especially those from English courts. These landmark decisions undermine the openness and acceptance of recognizing and enforcing the judgments from other jurisdictions in the UAE. The principle of reciprocity must be met before enforcement and recognition.
This milestone has opened new horizons for the UAE and the expatriates can now enforce the decisions of their home Country. If you intend to do the same, consult the lawyers and legal consultants in Dubai. They can guide you and provide you with the legal support needed.
