Q: We are UAE FZ Company. A US supplier is threatening to take us to court (in California)… A: The UAE Courts will not enforce a foreign judgment if they would…

The UAE Courts will not enforce a foreign judgment if they would themselves have had jurisdiction over the dispute. In commercial matters, the jurisdiction shall be vested in: the court in whose area the defendant has his domicile, or the court in whose area the agreement was made or was performed in whole or in part, or the court in whose area the contract should have been performed. In your case, they should file the case here, in the UAE, to execute the same.

Dubai, UAE

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Enforcement of a foreign court judgement in the UAE

Hi,

We are UAE FZ Company. A US (Californian) Supplier is threatening to take us to court (in California), over an unpaid invoice, for year 3 of a 3-year service contract.

The UAE end user only used the system for a few months & only paid us for 2 years. We informally cancelled, verbally, the 3rd year.

My question is: if they manage to achieve a judgement against us in the USA, is it enforceable in the UAE?

Nikhat Sardar Khan

Kochhar & Co Inc. Legal Consultants (Dubai Branch)

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15 Nov 2017, 15:51

The UAE Courts will not enforce a foreign judgment if they would themselves have had jurisdiction over the dispute.

In commercial matters, the jurisdiction shall be vested in:

the court in whose area the defendant has his domicile, or
the court in whose area the agreement was made or was performed in whole or in part, or
the court in whose area the contract should have been performed.

In your case, they should file the case here, in the UAE, to execute the same.

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