Legal Service in enforcing foreign judgements on the basis of bilateral treaty:
We offer legal services focused on enforcing foreign judgements, specifically utilizing the bilateral treaty established between the United Arab Emirates (UAE) and India in 1999, along with the subsequent declaration issued by the Government of India in 2020. This pertains to the enforcement of judgements. Notably, the Government of India, through a gazette notification in 2020, has designated UAE as a reciprocating territory for the enforcement of civil and commercial judgements from UAE courts. Numerous individuals who have obtained judgements from UAE courts are encountering challenges in recovering the awarded amount due to unanticipated closures of companies of companies aiming to evade liabilities and legal repercussions arising from the judgements. Following the cessations of these companies’ operations, co-judgement debtors associated with the companies appear to have also absconded. In such complex scenarios, judgement creditors possess legal remedies, allowing them to execute judgments in India in accordance with the provisions outlines in the bilateral treaty and subsequent declaration.
On January 17th 2020, the Indian Ministry of Law and Justice issued a gazette notification declaring the United Arab Emirates (UAE) as a reciprocating territory for the purpose of enforcing foreign judgments. This proclamation entails those judgments rendered by UAE courts, including the UAE Supreme Court, UAE Federal Courts, Court of the Emirates, the DIFC Courts and the ADGM Courts, holds enforceability within Indian Courts. This legal provision is in accordance with Section 13 and Section 44A of the Indian Civil Procedure Code of 1908.
Conversely, under the UAE Civil Procedure Code, foreign court judgments can similarly be recognized and enforced by parties within the UAE courts. This pivotal advancement serves to bolster the confidence of traders and creditors hailing from diverse countries, fostering a more robust and reliable international and commercial environment.
