Enforcement of Foreign Arbitral Awards in the UAE: A Practical Guide
The recognition and enforcement of foreign arbitral awards in the United Arab Emirates (UAE) have evolved significantly over the past two decades. Today, the UAE’s onshore courts generally adopt a pro-enforcement approach aligned with international standards. Nonetheless, procedural nuances and formal requirements continue to shape the practical realities faced by award creditors.
1. Legal Framework
The UAE’s regime for enforcing foreign arbitral awards is anchored in these key elements:
- Federal Decree-Law No. 42 of 2022 on Civil Procedure (the “New Civil Procedure Law”), particularly Articles 222–223;
- Federal Law No. 6 of 2018 on Arbitration (the “UAE Arbitration Law”); and
- The 1958 New York Convention, which the UAE ratified in 2006 under Federal Decree No. 43 of 2006
- Federal Decree No. 43/2006 On the Adherence of the United Arab Emirates to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Award.
Together, these laws ensure that foreign arbitral awards are recognized and enforceable across the onshore UAE Courts, subject to limited procedural and substantive defenses consistent with Article V of the New York Convention.
It is also essential to appreciate the unique judicial structure within which enforcement operates. The UAE maintains a well-established civil law court system (“onshore”) alongside two common law jurisdictions—the Dubai International Financial Centre (DIFC) and the Abu Dhabi Global Market (ADGM). Each has its own procedural framework and arbitration legislation. The onshore system applies Federal Law No. 6 of 2018 on Arbitration (the “Arbitration Law”), which came into force on 16 June 2018, while both the DIFC and ADGM—financial free zones with independent courts—have enacted arbitration laws based on the UNCITRAL Model Law. Understanding the distinction between these systems is critical, as it determines the procedural route and strategic considerations for enforcing arbitral awards within the UAE.
2. Two-Tier Process Before the Onshore Courts
The enforcement of foreign arbitral awards before UAE onshore courts typically follows a two-tier process involving recognition and execution:
2.1 . Recognition (Exequatur Stage)
The award creditor must first seek an execution order (exequatur) by filing a petition before the competent execution judge in accordance with the UAE Laws. The petition is usually reviewed on an ex parte basis, and the execution judge shall issue an order within five days.
2.2. Execution
Once the exequatur is granted, the creditor may proceed with enforcement following the same procedures applicable to the execution of domestic awards. Debtors may challenge or appeal the execution order, but such appeals do not automatically suspend enforcement unless the court specifically orders otherwise.
3. Requirements for Enforcement
Before issuing an enforcement order, the court must be satisfied that the following conditions are met:
- The arbitration agreement is valid and binding.
- The award was rendered in accordance with the law of the seat and properly authenticated.
- Parties were properly notified and represented during proceedings.
- The award is final and binding in its jurisdiction of origin.
- Enforcement does not contradict UAE judgments or public policy.
- Applications must include legalised Arabic translations of all documents
Document Checklist
- Certified copy of the arbitral award
- Certified copy of the arbitration agreement
- Proof of proper notification and finality of the award
- Corporate authorisations and powers of attorney
- Attested and legalised foreign documents as required
4. Execution Measures
Once enforcement is granted, creditors may utilise a range of execution tools available under UAE law, including:
- Attachment of bank accounts and securities
- Seizure and auction of real estate and movable assets
- Third-party debt orders
- Travel bans or detainment orders in limited circumstances
These mechanisms are designed to ensure that arbitral awards result in real and recoverable outcomes for successful parties.
5. Practical Tips for Award Creditors
- Begin translations and legalisations early to avoid procedural delays.
- Ensure interest calculations conform to UAE laws to prevent conflict with UAE public Policy.
- Identify target assets such as bank accounts or property registries in advance, if possible.
- Consider precautionary attachment applications to preserve assets
- Anticipate debtor objections and pre-empt them through comprehensive documentation.
- Maintain consistent follow-up with the execution court and relevant authorities.
6. Timelines and Limitation Periods
Under Article 212(4 & 5) of the UAE Civil Procedure Law, in the event that the execution applicant did not submit a request to take action in the file for a period exceeding one year after the last procedure, the execution judge may order the temporary closure of the file.
Writs of execution shall not be executed if abandoned for (15) fifteen years from the date of the last executory transaction or left for the same period since its issuance without enforcement.
7. Grounds for Refusal: Public Policy and Due Process
Under Article 5 of Federal Decree No. 43 of 2006, which incorporates Article V of the New York Convention into UAE law, courts may refuse recognition or enforcement of a foreign arbitral award only on limited grounds, such as:
- incapacity of the parties, Invalid or inoperative arbitration agreement, lack of proper notice, or irregularities in the tribunal’s composition or procedure.
- Denial of due process
- Lack of jurisdiction or excess of mandate
- Conflict with UAE public policy or prior judgments
Importantly, only public policy and arbitrability may be examined by the court on its own initiative (ex officio). In practice, the UAE courts interpret these exceptions narrowly, reflecting a strong pro-enforcement stance.
8. Strategic and Practical Guidance for Award Creditors
- Confirm treaty coverage and determine the applicable enforcement route.
- Prepare and translate documents well in advance of filing.
- Select the appropriate venue—onshore, DIFC, or ADGM—based on asset location and procedural advantages.
- Track limitation deadlines to safeguard enforceability.
- Engage experienced local counsel familiar with UAE enforcement practices and procedural nuances.
Conclusion
The UAE’s arbitration framework offers a robust and increasingly efficient pathway for the enforcement of foreign arbitral awards. The country’s judiciary continues to demonstrate a commitment to international arbitration norms, bolstered by modernised procedural laws and active cooperation between the onshore, DIFC, and ADGM courts.
For award creditors, success often hinges not only on the strength of the award itself but also on careful procedural compliance, strategic venue selection, and effective coordination with experienced local counsel.
Recent arbitration reforms are strengthening the UAE’s position as a global enforcement hub. To explore how these changes could influence your dispute resolution strategy, connect with the author Merline Dsouza at merline@alsuwaidi.ae.