This is due to the fact that each emirate has its own jurisdiction and band of competent courts, such as matters concerning Dubai or Abu Dhabi are tried in their dedicated courthouses. Particularly, the authorities in Abu Dhabi, Dubai, and Ras Al Khaimah each have their own set of laws that can operate somewhat independently from those based on federal law. Moreover, Abu Dhabi and Dubai are hosting financial free zones within their territory such as the Dubai International Financial Centre (DIFC) and Abu Dhabi Global Markets (ADGM). So, Khairallah Law Firm emphasizes that the determination of execution court judgment in place according to where the verdict is issued within (at one emirates’ jurisdictions or a federal court for UAE national or DIFC / ADGM regulated courts). This knowledge is vital to navigate the execution procedures in UAE correctly throughout our life cycle.

Article 97 of the implementing regulation governing the civil procedure code outlines the steps for execution.

First, the process begins with serving the writ of execution. This service paper must state the matter and notify the debtor to pay the debt within fifteen days from the date of notification. If the writ of execution is based on a contract to open a letter of credit, it must include an extract of the debtor’s account from the creditor’s current ledgers. For executions involving the evacuation of a property or the delivery of movable or real estate, the notice of the writ of execution must adequately specify the relevant funds. Additionally, if the writ of execution includes a date for evacuation or delivery, the notice must mention this date.

Execution Procedures in the UAE: The Procedure of Execution in the Different Emirates

If the judgment is of the same Emirate, then according to Civil Law procedures and as a following step an execution Court must be obtained by that party in whose favor the judgment was set. The summon of execution to the defendant by the execution judge as indicated in Art 75. The summon must come with instructions as well. Execution guidelines Article 97 stipulates that a winning-side deposit request is made on the losing party along with other exemplary payments within fifteen days. When 15 days have passed since the award was sent and there is no response from the losing party, who in turn becomes a debtor to the winner group, then has the right to legal tools of the request according to art.

This is done by attaching and selling the borrower’s land, share attachments or ties, property to pay debt, or detention of defaulting borrowers. The judgment of the judge in whose emirate it is to carry out its sentence shall be replaced as provided for under Article 70 paragraph (2). It is important to understand these execution procedures in the UAE as it will help on how you can conduct your legal actions whether or not with an enforcement case in the UAE. All of these actions are also essential when dealing with an execution case in Dubai.

Under Articles 77 to 8-1, the judge may quicken this ” summary process” by premising execution right away afterwards judgment. But Articles 83 to Article 84 stipulate that the losing party can ask for suspension of execution if realizing it immediately could make it difficult. Judgment can be challenged where it is a final judgment on appeal, as set out in Articles 72(2) and 72(3). Further, since the emirates of UAE have a supreme identity regarding its judicial brotherhood, an execution judge can execute over a judgment that is passed by one emirate to the other two. To register, you will need to upload key documents (writ of execution, power-of-attorney for legal representation, and a full-filed application form that has been notarized and legalized).

Methods of Execution and Available Remedies Across Different Jurisdictions

Attaches These are basically precautionary procedures that the courts of emirates can opt for before they pass arr a determination. They do not pass orders of specific performance and sanction. On the other hand, free zone courts give an extensive list of interim orders such as custody over assets and performance against property. If the claimant cannot find a queue for execution, he may apply to execute measures so as to ensure and secure his debt according to Article 85. Dubai court execution procedure – It is important to comprehend the procedures

Where an order of judgment had been held but payment is not made in case the other party did implement then they should pay interest from the date of the judgment under Article 76 Federal Law Number 18 for the year 1993 at a flat rate to be executed by virtue (12) percent. Compound interest is not, however, allowed. Emirates court: Whether you can charge interest or not depends on the rules of that particular emirate.A_foreign law principles (other than those from the state which has issued this cheques) may be applied regarding asserting foreign interests, in such jurisdictions. The practice is common in the DIFC courts as to specific foreign jurisdictions, which are enforced pre-judgment) with these ultimately then transitioning to be governed by applying (as a matter of discretion-TBN whether from the time).

Under ADGM, for the reckoning of interest on the sum payable new injunction orders shall be calculated from judgment to registration per section 173(4) above court guidelines. These Emirates courts make the payments or duties in equivalent UAE AED. In DIFC or ADGM, however, no currency exchange takes place when judgments are rendered. It is very important to have knowledge regarding these execution procedures especially when talking about the Dubai court execution procedure or the ADGM court procedures.

Arbitration Awards: Legal Guidelines and Enforcement Execution Procedures in UAE

Within the UAE, there are three jurisdictions that administer arbitration awards; the emirates courts, DIFC, and ADGM. The law that will govern the way in which an award is made depends on where arbitration takes place.

UAE Federal Law Number 6 of 2018 on Arbitration: By virtue of this law, arbitration awards within the emirates are governed by either Arabic jurisdiction or English Jurisdiction under Article no.52 to57 DIFC arbitration awards are governed by Articles 42 to 44, and in ADGM hosted within Part IV of the ADGM regulations. Rather, Article 85 of the execution regulation governs the enforcement of foreign seated awards.

The necessary information includes the name, identification proof, occupation or business of the judgment debtor, and full address (and) contact number. Winning Party: If the winning party does not reside in UAE, give his present address and legal representation inside UAE The Parties defender if Different Other information that would be required is where the enforcement proceedings are to take place, when compensation for individual claims was established, details about any claim and a signature from the presenter acting on behalf of the claimant. One must be wise in knowing these civil execution case procedures before proceeding with the arbitration awards to the UAE.

Conclusion 

Enforcing Arbitration Awards and Civil Execution The legal framework surrounding arbitration awards and their enforcement in the UAE is a complex suite of jurisdictional frameworks spread out amongst emirates alongside various free zones such as DIFC, ADGM, etc. So it must be according to its regional law which is governed by UAE Federal Law Number 6 of 2018, and what is in Article (97) regarding the execution judgment. This is essential for dealing with legal services in order to abide by the laws. Khairallah advocates understand the significance of this in relation to effectively handling litigation within the UAE.

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