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Foreign Judgments Will Not Be Enforceable in the Uae, Even If They Are Final, If the Defendants Have a Domicile in the Uae

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image of Arab Law Quarterly

A foreign bank brought an action against three persons domiciled in the UAE, requesting the local court to enforce judgments which the bank had obtained against the three defendants in the Hong Kong High Court. The action was dismissed and the UAE court refused to enforce the foreign judgments on the ground that service of the summons was not properly effected on the defendants when the action was filed at the Hong Kong High Court. The court further held that as the defendants were domiciled in the UAE, the UAE courts had jurisdiction to hear the merits of the action and so the UAE courts should not enforce the foreign judgment. Whenever the UAE courts have jurisdiction on the subject matter, it will not be possible to enforce a foreign judgment. The only time foreign judgments will be enforceable in the UAE is if the UAE courts have no jurisdiction on the subject matter of the proceedings. Accordingly, the action was dismissed and the court refused to enforce the foreign judgment.


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