Gulf Citizen with a Case in the UAE? In Dubai or Any Other Emirate

If you are a Saudi, Kuwaiti, Qatari, Omani or Bahraini national with a case in the UAE, whether in Dubai, Abu Dhabi or any other emirate, the first question on your mind is: can I follow it up while staying in my own country? The direct answer is yes, through a lawyer licensed in the UAE and an attested power of attorney, without having to travel for every hearing. And if a judgment is issued in your favour in the UAE, it can be enforced in your home country, and vice versa, under the GCC Convention on the Enforcement of Judgments, Judicial Delegations and Judicial Notices (1995). Ignoring the case or delaying action, however, can end in a judgment in absentia, a travel ban that takes you by surprise on your next visit, or enforcement against your assets back home. In this article we explain to GCC nationals how their cases are handled in the UAE and how judgments are enforced between the UAE and the GCC states.

Do You Need to Be Present in the UAE to Follow Your Case?

In most cases, your personal attendance is not required. A lawyer licensed in the UAE represents you before the courts and the Public Prosecution under a legal power of attorney; the Civil Procedures Law permits remote litigation, and the Dubai Courts hold many of their hearings by video link. Pleading before UAE courts is restricted to Emirati advocates enrolled in the roll of practising lawyers, so choose a licensed firm that pleads before the court itself. You can sign the power of attorney in your own country and then have it attested so that it is accepted before UAE courts, and the firm guides you to the correct wording before you sign, so that it is not rejected and deadlines are not lost.

Situations in which your personal attendance may be required include questioning in a criminal case, taking an oath, or certain personal status hearings. Here your lawyer tells you exactly when attendance is necessary, so you neither travel without need nor stay away when your absence would harm your case.

Stages of Following Your UAE Case from Your Home Country

Following a case remotely goes through four stages, and each one requires precision, because an error at one stage carries over to everything after it:

The Most Common Cases of GCC Nationals in the UAE

The cases GCC nationals face in the UAE vary, and each carries its own risks:

What Differs for Nationals of Each GCC State?

The core rules are the same for all GCC nationals, but the practical route differs in how the power of attorney is signed and how the judgment is enforced in your country:

Enforcement of Judgments Between the UAE and the GCC States

In 1995 the GCC states signed the GCC Convention on the Enforcement of Judgments, Judicial Delegations and Judicial Notices, under which a judgment issued in one GCC state is enforced in any other member state in civil, commercial, administrative and personal status matters, provided it is a final judgment issued by a competent court. The court asked to enforce the judgment does not re-examine the merits of the dispute; it only verifies that the conditions are met. The Convention also applies to arbitral awards, enforceable instruments and settlements recorded before the courts.

Enforcement is refused if the judgment contravenes Islamic Sharia or the public order of the state in which enforcement is sought, if it was issued in absentia without proper notification of the judgment debtor, or if it was preceded by a final judgment or a pending action between the same parties on the same subject matter. The enforcement application must be accompanied by a certified official copy of the judgment, a certificate that it is final, and proof of notification if it was issued in absentia. Any shortfall in these documents means the application is rejected and time is lost.

In the UAE, an application to enforce a judgment issued in another country is submitted to the enforcement judge, who issues an order within 5 working days after verifying the jurisdiction of the issuing court, that the parties were duly summoned, that the judgment is final, and that it does not conflict with a UAE judgment or with public order. The Civil Procedures Law gives international conventions precedence over its general rules, so the GCC Convention applies first, alongside the Riyadh Arab Agreement for Judicial Cooperation (1983). Read also about enforcing a foreign judgment in the UAE.

Does a UAE Travel Ban Cover Travel to the GCC States?

Yes. A travel ban issued in the UAE prevents you from leaving the country through all land, sea and air ports, including travel to Saudi Arabia, Oman or any other GCC state, and it makes no exception for GCC nationals. A Gulf national may therefore enter the UAE with his national ID card without any problem, only to be stopped from leaving because of a cheque, a financial claim or a criminal complaint he was unaware of. Conversely, being in your own country does not mean the matter is over: a UAE money judgment may be enforced against your assets there, and criminal cases may be the subject of judicial cooperation between the GCC states. The safe course is for your lawyer to check your position before any visit and to address the cause of any ban.

The Risks of Ignoring a UAE Case While You Are Abroad

Some GCC nationals assume that being outside the UAE puts the case on hold, but the reality is the opposite. A judgment in absentia may be issued against you, starting the appeal deadlines without your knowledge, and it then becomes final. A travel ban may be issued that you only learn of when you try to leave the country on your next visit. And the UAE judgment may be enforced against your funds and property in your home country under the GCC Convention. Acting early through a licensed lawyer therefore protects your deadlines and spares you surprises that are hard to undo.

How Does Our Firm Help You While You Are in Your Home Country?

We begin by opening a file and reviewing your documents remotely, check whether any cases, criminal complaints or travel bans exist in your name, then guide you on the wording and attestation of the power of attorney, and represent you before the courts of Dubai, Abu Dhabi and all courts of the UAE without you having to travel. If a judgment is issued in your favour, we pursue its enforcement in the UAE, and in your home country through cooperating law firms in all GCC states. You can also learn about our network of cooperation with lawyers and legal consultants outside the UAE.

Figures You Should Know

Tips for GCC Nationals

Legal References

• The Convention on the Enforcement of Judgments, Judicial Delegations and Judicial Notices of the Cooperation Council for the Arab States of the Gulf, 1995.

• The Riyadh Arab Agreement for Judicial Cooperation, 1983.

• Federal Decree-Law No. (42) of 2022 Promulgating the Civil Procedures Law.

• Federal Decree-Law No. (34) of 2022 Regulating the Advocacy and Legal Consultancy Professions.

Frequently Asked Questions for GCC Nationals