Frequently Asked Questions (FAQs) About the Precautionary or Interim Orders and Execution of Judgments in Dubai Courts

Frequently Asked Questions (FAQs) About the Precautionary or Interim Orders and Execution of Judgments in Dubai Courts

What is the procedure for enforcing a Judgment in Dubai?

A Judgment can be enforced after it has become final by initiating the relevant proceedings in the Execution Division of the Dubai Courts.
After that, the Judgment debtor is notified about the execution procedure and is given 7 days to pay the Judgment amount. If the Judgment debtor fails to pay within 7 days, the Judgment creditor can request the Court to take the abovementioned measures.

What is a payment order?

A creditor can apply for a payment order where the debt sought to be recovered is a fixed sum of money, and the creditor has a written acknowledgement. It is a quick and efficient procedure for recovering money.
Before applying for the payment order, a creditor must issue a 5-day written notice to the debtor to pay the outstanding amount. If the debtor fails to pay within 5 days, the creditor can file an ex-parte application in the Court for a payment order.

Is a bounced cheque considered a writ of execution?

A bounced cheque (due to insufficient funds) is considered a writ of execution. Therefore, if a cheque is returned due to insufficient funds, the payee can approach the execution division of UAE Courts and request an order for payment straightaway.

Can a DIFC Court Judgment be enforced through Dubai Courts if the Judgment Debtor is based out of DIFC?

A DIFC Court Judgment can be enforced through the Dubai Courts if the following conditions are met:

• The Judgment has become final and executory.
• The Judgment has been certified by the DIFC Courts for execution
• The Judgment has been legally translated into Arabic.

The party seeking enforcement must first obtain an execution letter from the DIFC Courts. After that, the party has to submit an application for enforcement to the execution Judge at the Dubai Courts, accompanied by the execution letter and an Arabic translation of the Judgment. On receipt of the application, the Dubai Courts must enforce the Judgment under the Federal Civil Procedures Law.

Can a foreign Judgment be enforced in the UAE?

UAE has bilateral treaties with various countries regarding reciprocation of Judgment enforcement. Foreign court Judgments of any reciprocating territory can be enforced in the UAE courts if the following conditions are met:

1. UAE Courts don’t have exclusive jurisdiction over the dispute;
2. The Judgment doesn’t conflict with a UAE court judgment, public order, or morals of the UAE.