The Reciprocal Enforcement of Civil Judgments between the UAE and India

David Russell QC has co-authored a feature in the MENA Business Law Review, looking at the Agreement between the UAE and India on Juridicial and Judicial Cooperation in Civil and Commercial Matters.

The Agreement between the United Arab Emirates and India on Juridicial and Judicial Cooperation in Civil and Commercial Matters (the “Treaty”) was signed in 1999 and ratified in 2000. In January 2020, the Government of India notified the UAE as a “reciprocating territory” for the purposes of recognising UAE civil judgments in India without a re-examination of the merits of the underlying dispute. The Treaty is a reflection of the close cultural and economic ties between the two countries. The mutual recognition of civil judgments between a civil law jurisdiction and a common law jurisdiction gives rise to a number of challenges.

The implications of the Treaty

However, overall, businesses as well as the courts of the “common law islands” in the UAE, namely the Dubai International Financial Centre and the Abu Dhabi Global Market, are likely to benefit from this development. David Russell QC co-authored an article with Hari Krishna, Co-Founder and CEO of Nimble Legal in the UAE looking at the context, the structure of the Treaty and the requirements for a Request under the Treaty. They also look at the opportunities and pitfalls for the UAE/ DIFC practitioner.

Read the full article

This feature article was first published in Lexis Nexis ‘MENA Business Law Review 2020’ (Third Quarter).

Read the full article here.

Find out more

David Russell QC is an Australian barrister specialising in international trust and tax law. He is admitted to practise in England and Wales, Australia, New York (as a legal consultant) Papua New Guinea, New Zealand and the DIFC Court.

To find out more, contact Matt Sale +44 (0)20 7427 4910 or Peter Foad +44 (0)20 7427 0807 for a confidential discussion.

External Publications 11 Apr, 2022