PART 34 PART 34 — Reciprocal Recognition And Enforcement Of Judgments Of Other Jurisdictions
297. Interpretation and scope(1) In this Part —(a) "applicable treaty" means a treaty between the United Arab Emirates and a foreign country relating to the mutual recognition and enforcement of judgments;(b) "judgment" means a judgment, decision or order given or made by a recognised court in any civil proceedings;(c) "recognised court" means the judicial authorities of the Emirate and Emirate Members of the United Arab Emirates, courts of countries which have entered into applicable treaties, and a recognised foreign court;(d) "recognised foreign court" means a court recognised by the Courts in accordance with the procedure set out in section 171 of the Regulations;(2) This Part also applies to any arbitral award which has, in pursuance of the law in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place.
Amended on June 1, 2017
298. Applications for registration(1) An application for registration of a recognised court's judgment is made by filing a claim in the Court of First Instance.
To apply to register a judgment of the judicial authorities of the Emirate or the Emirate Members of the United Arab Emirates, the claim must be supported by the documents set out in the relevant practice direction.(2) To apply to register a judgment of a recognised court, other than the judicial authorities of the Emirate or the Emirate Members of the United Arab Emirates, the claim must be supported by an affidavit and the documents required by the relevant practice direction.
Amended on June 1, 2017
299. Security for costs
A judgment creditor may apply for security for costs of the claim for registration of a recognised court's judgment; any proceedings commenced to set aside the registration; and any appeal against the granting of the registration, as if the judgment creditor was a claimant.
300. Service of notice of registration of judgment
Following the granting of a registration order by the Court, the judgment creditor must serve the registration order on the judgment debtor in accordance with Rule 15 and within 21 days after the date of issuing of the order or within such other period as the Court may order otherwise.
301. Applications to set aside registration(1) Section 175 of the Regulations prescribes the claims in which registered judgments must or may be set aside.(2) An application to set aside registration of a judgment must be made by application notice filed in the claim in which the judgment was registered within the time specified in the registration order.(3) Section 173(5) of the Regulations provides that where any party has made an application to have the registration of a judgment set aside, the judgment shall not be enforced until after the application has been finally determined.