Exécution des jugements étrangers

Définition

The process of having a court judgment issued in one country recognised and enforced in another. Unlike arbitral awards (governed by the New York Convention), there is no universal treaty for court judgment enforcement. In the GCC, enforcement depends on bilateral treaties, the GCC Convention (Riyadh Convention 1983), and reciprocity principles. UAE courts (under Federal Decree-Law No. 42 of 2022 on Civil Procedures) enforce foreign judgments subject to: (1) the foreign court having jurisdiction, (2) final and enforceable judgment, (3) compliance with UAE public policy, (4) proper service of proceedings, and (5) reciprocity. DIFC and ADGM courts, as common-law courts, have their own enforcement frameworks and can serve as 'conduit' jurisdictions — converting foreign judgments into DIFC/ADGM orders that are then enforceable through Dubai/Abu Dhabi mainland courts.