Introduction
A court’s successful verdict is just the start of the dispute settlement process. The UAE legislature has issued Federal Decree-Law No. 42 of 2022 on the Civil Procedure Law, which came into effect on January 2, 2023, replacing Federal Law No. 11 of 1992, in an effort to solve the problems related to assets and procedural delays. This new legislation creates a single, digitally connected federal civil enforcement regime throughout the mainland jurisdictions. The law offers creditors clear means of enforcing civil judgment orders in the UAE and imposes strict evidentiary standards to prevent undue hardship to the debtor.
The Execution Judge and Requirements for Compulsory Enforcement: Articles 206 to 214
Under Articles 206 and 207 of Federal Decree-Law No. 42 of 2022, execution proceedings take place under the supervision of the Execution Judge, who has sole competence to enforce writs of execution and summarily determine execution disputes, except in real estate property lawsuits. The Execution Judge also exercises broad powers in managing the execution file, ruling on execution-related objections, authorising asset attachments, and issuing the judgments, decisions and orders required for enforcement.
Compulsory execution generally requires a writ of execution relating to a verified, due and specified right. Under Article 212 of the UAE Civil Procedure Code, writs of execution include judgments and orders, authenticated documents, court-ratified settlement minutes and other documents granted executory status by law. A copy of the writ, endorsed with the executory formula required by law, subject to any exception, shall be the instrument of execution. Without prior notice and without the executory formula, the court may order enforcement in brief proceedings or in cases where delay may cause harm according to Article 213. According to Article 214, a judgment is generally not subject to compulsory enforcement while it is subject to appeal, unless it is provisionally enforceable by law or by court order. Nevertheless, precautionary measures may be taken in respect of certain first-instance judgments while they are being appealed.
Initiating Execution and Notification of the Debtor: Article 233
To initiate the enforcement proceedings, the applicant must at the time of filing the application for enforcement, whether electronically or on paper, specify the enforcement measures requested. Article 233 of Federal Decree-Law No. 42 of 2022 states that execution shall not be permissible unless the writ of execution has been served on the debtor according to the procedures prescribed by law
Under Article 233(3), the execution notice must specify the obligation to be performed and require the debtor to pay the outstanding debt within seven days from the date of notification. Where the execution applicant does not have a domicile, workplace or elected domicile within the jurisdiction of the execution court, the applicant must elect a domicile within that jurisdiction.
Article 233 also contains specific requirements for certain types of enforcement. Where execution concerns a letter of credit, the relevant account extract must accompany the notice. Where execution involves the evacuation of property or delivery of movable or immovable property, the property must be adequately identified, together with any specified date for evacuation or delivery.
Asset Attachment and Precautionary Measures
Under the UAE Civil Procedure Code, creditors can request attachment of the debtor’s assets as a precautionary measure before final enforcement of the judgment and during the enforcement proceedings. Precautionary attachment is a method of preserving assets in the event there is a real risk that the creditor’s ability to recover the debt may be otherwise impaired.
Precautionary Attachment: Article 247
Under Article 247, the creditor may request the court dealing with the case, or the summary judge if the case so requires, to order a precautionary attachment of the debtor’s property and assets, if one of the grounds provided for in the law is met.
These circumstances include situations where the creditor has reasonable grounds to fear losing the security for the debt, such as where the debtor has no stable residence in the UAE, there is serious evidence that the debtor may flee, conceal or dispose of assets, or documents evidencing the debt are at risk of being lost.
Article 247 also provides for precautionary attachment where the creditor has an official or ordinary document showing an unconditional debt which is due or a judgment which is not yet enforceable where the debt stated in it is of a specified amount. Further, the provision protects landlords in relation to certain property in leased premises and employees in cases where their statutory dues cannot be paid.
Before granting attachment, the court may require supporting statements, evidence or affidavits and may conduct the inquiries it considers necessary with the assistance of the competent administrative authorities.
Attachment of Assets During Execution
Once compulsory execution is available, the creditor may seek attachment of assets belonging to the judgment debtor in accordance with the relevant provisions of the Civil Procedure Code. Depending on the nature of the assets, this may include funds, property or rights belonging to the debtor that are legally capable of attachment.
The Code also limits attachment to certain types of income and assets. Article 242(9) generally exempts salaries and wages from attachment, except for one-quarter of the debtor’s wage or gross salary.
Travel Restrictions: Articles 324 to 326
Under Article 324, a creditor can request a travel ban if there are reasonable grounds to believe that the debtor may flee the UAE. Where the debt is for an ordinary monetary claim, the debt must be at least AED 10,000 but this shall not apply to any established maintenance, wages of work or an obligation to do or omit an act. Where the debt has not been quantified, the judge may provisionally quantify the debt if the claim is supported by written evidence and the creditor gives an acceptable guaranty.
Article 325 sets out the grounds for lifting a travel ban, including payment of the debt, written consent of the creditor, provision of an acceptable bank guarantee or surety, or failure by the creditor to take the required legal or enforcement steps within the prescribed periods.
Article 326 excludes certain foreigners who are subject to extradition decisions from these travel-ban provisions.
Debtor Detention: Articles 319 and 320
Under Article 319, the Execution Judge may, at the creditor’s request, order the detention of a debtor who refuses to comply with a writ of execution, unless the debtor proves an inability to pay.
Where Article 319 applies, detention may be ordered for renewable periods within the statutory limits, but in principle the total period of detention shall not exceed 36 months, or 60 months in the case of debts arising from intentional financial crimes.
Under Article 320, the Execution Judge may grant the debtor a period of up to six months to pay or allow him to pay by instalments over a period not exceeding three years, subject to appropriate guaranties or precautionary measures.
Enforcement of Foreign Judgments: Articles 222 and 225
Foreign court judgments shall be recognized and enforced in accordance with Article (222) of Federal Decree-Law No. (42) of 2022, subject to the applicable international conventions and agreements in accordance with Article 225 thereof. Article 222, the Judge shall decide on the petition for enforcement within five working days from the date of its filing. While the court does not consider the substantive merits of the foreign dispute, it reviews if the statutory conditions are met:
Article 225 further provides that these rules apply without prejudice to international conventions and agreements between the UAE and other countries concerning the enforcement of foreign judgments.
Conclusion
Federal Decree-Law No. 42 of 2022 provides the principal framework for the enforcement of civil judgments in the UAE. It gives creditors access to measures such as asset attachment, precautionary attachment, travel restrictions and, in certain circumstances, debtor detention, while also allowing payment arrangements and other safeguards where appropriate. The law further provides a framework for recognising and enforcing foreign judgments in the UAE.
Effective enforcement therefore depends not only on obtaining a favourable judgment, but also on following the correct execution procedures and selecting the measures most suitable to the debtor’s circumstances and available assets.
