India and UAE – Civil Court Judgements
On 18 January 2020 the Indian Ministry of Law and Justice announced publication, in the official gazette, of legislation which will make enforcing civil judgements handed down from superior courts in the UAE easier. The gazette reads:
…“In exercise of the powers conferred by Explanation 1 to section 44A of the Code of Civil Procedure, 1908 (5 of 1908), the Central Government hereby declares United Arab Emirates to be a reciprocating territory for the purposes of the said section and the following Courts in United Arab Emirates to be superior Courts of that territory,”…..
This was the last stage of an agreement reached between India and the UAE in 2000 (UAE Federal decree no 33). Ratification was dependent on publication in the gazette therefore the agreement is now in force.
It will allow judgements from the UAE Civil courts to be enforced in India where previously there was a long and tortuous process to chase defaulters. The UAE Civil courts include:
- Federal Supreme Court
- Federal, First Instance and Appeals Courts in the Emirates of Abu Dhabi, Sharjah, Ajman, Umm Al Quwain and Fujairah.
- Abu Dhabi Judicial Department
- Dubai Courts
- Ras Al Khaimah Judicial Department
- Courts of Abu Dhabi Global Markets
- Courts of Dubai International Financial Centre
In the past it has often been too easy for defaulters in financial cases to escape the jurisdiction of the courts in the UAE and the process of then starting afresh in India often allowed defaulters to get away with little repercussion.
Whilst there is still the hurdle of the winning your case in the UAE this now makes enforcement easier if you are confident there are assets in India that you can chase.
For further information please contact the Clubs claims team in London, Dubai or Shanghai.