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175. Cases in which registered judgments must, or may, be set aside

(1) On an application made by any party against whom a registered judgment may be enforced, the registration of the judgment —
(a) shall be set aside if the Court of First Instance is satisfied that —
(i) the judgment is not a judgment to which this Chapter applies or was registered in contravention of this Chapter; or
(ii) the original court had no jurisdiction in the circumstances of the case; or
(iii) where it was given in default, if the judgment debtor was not duly served with the documents which instituted the proceedings or with an equivalent document, in accordance with the law of the country of the original court, in sufficient time to enable him to arrange for his defence; or
(iv) the judgment was obtained by fraud; or
(v) the rights under the judgment are not vested in the person by whom the application for registration was made; or
(vi) the enforcement of the judgment would be contrary to public policy in the Emirate or the Abu Dhabi Global Market;
(b) may be set aside if the Court of First Instance is satisfied that the matter in dispute in the proceedings in the original court had previously, to the date of the judgment in the original court, been the subject of a final and conclusive judgment by a court having jurisdiction in the matter.
(2) For the purposes of this section the courts of the country of the original court shall be deemed to have had jurisdiction —
(a) in the case of a judgment given in an action in personam
(i) if the judgment debtor, being a defendant in the original court, submitted to the jurisdiction of that court by voluntarily appearing in the proceedings; or
(ii) if the judgment debtor was a claimant or counter-claimant in the proceedings in the original court; or
(iii) if the judgment debtor, being a defendant in the original court, had before the commencement of the proceedings agreed, in respect of the subject matter of the proceedings, to submit to the jurisdiction of that court or of the courts of the country of that court; or
(iv) if the judgment debtor, being a defendant in the original court, was at the time when the proceedings were instituted, resident in, or being a body corporate was registered under the laws of, the country of that court; or
(v) if the judgment debtor, being a defendant in the original court, had an office or a place of business in the country of that court and the proceedings in that court were in respect of a transaction effected through or at that office or place;
(b) in the case of a judgment given in an action the subject matter of which was immovable property, or in an action in rem the subject matter of which was moveable property, if the property in question was at the time of the proceedings in the original court situated in the country of that court;
(c) in the case of judgment given in an action other than any such action as is mentioned in paragraph (a) or (b), if the jurisdiction of the original court is recognised by any Applicable Abu Dhabi Law or any ADGM enactment.