Enforcing a Russian court judgment in the UAE, step by step

The legal framework

Recognition and enforcement of foreign judgments in the UAE is governed by the Civil Procedure Code — Federal Decree-Law No. 42 of 2022, in force since 2 January 2023. Articles 222–225 deal with foreign judgments. Where the UAE has a treaty with the country of the judgment, the treaty rules apply.

Russia and the UAE have treaties on mutual legal assistance in criminal matters and on extradition, but no bilateral treaty on the mutual recognition and enforcement of civil and commercial judgments. Russian judgments are therefore subject to the general rules of the Code, and the central issue is reciprocity: a UAE court enforces a foreign judgment on the same terms on which the foreign state enforces UAE judgments.

Note that these rules apply to the UAE's federal and local courts. The DIFC and ADGM courts have their own recognition procedures.

Step 1. Assess the judgment and the debtor

Before spending money on legalisation and translation, make sure the judgment will pass the UAE court's review. The court does not re-examine the merits, but it does check the conditions, including that:

• the UAE courts do not have exclusive jurisdiction over the dispute, and the Russian court had jurisdiction under its own rules;
• the judgment was issued in accordance with the law of the state where it was given;
• the debtor was properly notified of the proceedings and had the opportunity to defend;
• the judgment is final;
• it does not conflict with a UAE judgment on the same dispute or breach UAE public order or morals.

At the same time we assess the debtor: is the company active, does it hold accounts or assets in the UAE? A recognised judgment with no assets behind it is an expensive piece of paper.

Step 2. Documents

The usual set is:

• a certified copy of the judgment (and of any appellate rulings);
• confirmation that the judgment is final;
• proof of proper service on the debtor — especially important if the debtor took no part in the proceedings;
• a power of attorney for your representative in the UAE.

In our experience it pays to assemble the full set at the outset: requesting further documents from Russia after filing can cost months.

Step 3. Legalisation and translation

The UAE is not a party to the Hague Apostille Convention, so Russian documents for use in the UAE go through consular legalisation: certification in Russia, legalisation by the Russian Ministry of Foreign Affairs and the UAE Embassy, then by the UAE Ministry of Foreign Affairs. The documents are then translated into Arabic by a licensed legal translator in the UAE.

The chain takes time, and mistakes in it are a frequent cause of delay. See Powers of attorney and document legalisation.

Step 4. Application to the execution judge

Under the current UAE Civil Procedure Code, an application for an order enforcing a foreign judgment is made to the execution judge of the Court of First Instance in the emirate where enforcement is sought. This is a significant change from the old regime, which required a full lawsuit.

The application must do more than attach documents: it must make the case for reciprocity. UAE courts assess reciprocity on the evidence — a treaty, official positions of state authorities, examples of UAE judgments being enforced in the country concerned. For Russian judgments this is the core of the work: showing convincingly that the reciprocity condition is met.

The execution judge's decision can be appealed, and debtors often do so. Factor this into the timetable.

Step 5. Enforcement and asset freezes

Once the enforcement order is granted, an execution file is opened with the UAE court. The standard enforcement tools then apply: enquiries into the debtor's accounts, freezing accounts and collecting funds, attaching property and shareholdings and, where necessary, other measures provided by law.

If there is a risk that the debtor will move money, act quickly and discuss interim measures with your lawyer.

Why courts refuse: the usual reasons

• No proof that the debtor was notified. If the debtor took no part in the proceedings and the file contains no evidence of proper service, the UAE court may refuse. Gather that evidence while the Russian case is still running.
• Reciprocity not demonstrated. A bare assertion of reciprocity will not do; evidence is needed.
• Legalisation and translation errors. A missing link in the legalisation chain or an inaccurate translation of the operative part are common reasons for an application to be returned.
• The dispute falls within the exclusive jurisdiction of the UAE courts. Disputes over rights to property located in the UAE are an example.
• Conflict with public order. For instance, where the judgment rests on terms that UAE law treats as impermissible.

Most of these risks are visible at the assessment stage. That is why we start with a diagnosis and tell you plainly if the prospects are poor.

What about arbitral awards?

International commercial arbitration awards (for example, from the ICAC at the Russian Chamber of Commerce and Industry) follow a different route under the 1958 New York Convention, to which both Russia and the UAE are parties. Reciprocity is far less of an issue there. Judgments of Russia's state arbitrazh courts (as in our Moscow Arbitrazh Court case) are court judgments, and the procedure above applies to them. On arbitration, see DIAC and DIFC-LCIA arbitration.

Timing and cost

The timetable covers preparing and legalising the documents, the hearing of the application, any appeal and enforcement itself. For a St Petersburg manufacturer, we had a Moscow Arbitrazh Court judgment recognised and the debtor's accounts frozen within 9 months — see the case study. Other matters may take a different time: much depends on the debtor's stance and the quality of the documents.

We usually work on a fixed element plus a success fee of 10–25% of the amount recovered. Government fees, legalisation and translations are paid separately and listed in the estimate. See Enforcing Russian and CIS judgments in the UAE.