Views
Dubai Courts on the Recognition of Foreign Judgments: “Recognition” or “Enforcement”? – that’s the Problem!
“Recognition” and “enforcement” are fundamental concepts when dealing with the international circulation of foreign judgments. Although they are often used interchangeably, it is generally agreed that these two notions have different purposes and, ultimately, different procedures (depending on whether the principle of de plano recognition is accepted or not. See Béligh Elbalti, “Spontaneous Harmonization and the Liberalization of the Recognition and Enforcement of Foreign Judgments, Japanese Yearbook of Private International Law, Vol. 16, 2014, p. 269).
However, in legal systems where this fundamental distinction is not well established, the amalgamation of the two notions may give rise to unnecessary complications that are likely to jeopardize the legitimate rights of the parties. The following case, very recently decided by the Dubai Supreme Court, is nothing but one of many examples which show how misconceptions and confusion regarding the notion of “recognition” would lead to unpredictable results (cf. e.g., Béligh Elbalti, “Perspective of Arab Countries”, in M. Weller et al. (eds.), The 2019 HCCH Judgments Convention – Cornerstones, Prospects, Outlook (Hart, 2023) pp. 1983-184ff).
Van Den Eeckhout on CJEU Case Law in PIL matters
Written by Veerle Van Den Eeckhout, working at the Research and Documentation Directorate of the CJEU
On 29 April 2023, Veerle Van Den Eeckhout gave a presentation on recent case law of the Court of Justice of the European Union. The presentation, now available online, was entitled “CJEU case-law. A Few Observations on Recent CJEU Case Law with Attention for Some Aspects of Logic and Argumentation Theory.” The presentation was given during the Dialog Internationales Familienrecht 2023 at the University of Münster. This presentation builds upon a previous presentation of the Author, “Harmonized interpretation of regimes of judicial cooperation in civil matters?”, which is now also available online.
English Court Judgment refused (again) enforcement by Dubai Courts
In a recent decision, the Dubai Supreme Court (DSC) confirmed that enforcing foreign judgments in the Emirate could be particularly challenging. In this case, the DSC ruled against the enforcement of an English judgment on the ground that the case had already been decided by Dubai courts by a judgment that became final and conclusive (DSC, Appeal No. 419/2023 of 17 May 2023). The case presents many peculiarities and deserves a closer look as it reinforces the general sentiment that enforcing foreign judgments – especially those rendered in non-treaty jurisdictions – is fraught with many challenges that render the enforcement process very long … and uncertain. One needs also to consider whether some of the recent legal developments are likely to have an impact on the enforcement practice in Dubai and the UAE in general.
The case
1) Facts
The case’s underlying facts show that a dispute arose out of a contractual relationship concerning the investment and subscription of shares in the purchase of a site located in London for development and resale. The original English decision shows that the parties were, on the one hand, two Saudi nationals (defendants in the UAE proceedings; hereinafter, “Y1 and 2”), and, on the other hand, six companies incorporated in Saudi Arabia, Anguilla, and England (plaintiffs in the UAE proceedings, hereinafter “X et al.”). The English decision also indicates that it was Y1 and 2 who brought the action against X et al. but lost the case. According to the Emirati records, in 2013, X et al. were successful in obtaining (1) a judgment from the English High Court ordering Y1 and 2 to pay a certain amount of money, including interests and litigation costs, and, in 2015, (2) an order from the same court ordering the payment of the some additional accumulated interests (hereinafter collectively “English judgment”). In 2017, X et al. sought the enforcement of the English judgment in Dubai.
News
Badr on Religion, Colonialism, and Legal Pluralism: The Story and Legacy of the Egyptian Choice of Law Rules for Personal Status International and Interpersonal Conflicts of Law
Yehya Badr (Associate Professor, College of Law, Al-Yamamah University, KSA) presents his recent publication entitled “Religion, Colonialism, and Legal Pluralism: The Story and Legacy of the Egyptian Choice of Law Rules for Personal Status International and Interpersonal Conflicts of Law“, published in the Indiana Journal of Global Legal Studies, Issue 1 of Volume 31, 2024. The paper addresses the important issue of Egyptian choice of law rules for international and interpersonal conflicts of law.
The detailed summary, kindly provided by the author, reads as follows: Read more
Two Private International Law Events in Vienna, 20 and 21 June 2024
On 20 and 21 June 2024, two events on private international law will be taking place in Vienna, both co-hosted by Florian Heindler (Sigmund Freud University, Vienna).
Ehrenzweig Lectures on 20 June 2024
June 2024 marks the fiftieth anniversary since Ehrenzweig passed away. On this occasion, a conference on the Austrian Ministry of Justice will host a conference to honour Albert Armin Ehrenzweig and his extraordinary jurisprudential legacy. The conference is jointly organised by the Interdisciplinary Association of Comparative and Private International Law (IACPIL), the University of Vienna, and the University of California, Berkeley.
Confirmed speakers are Richard Buxbaum (University of Berkeley), Eric Jayme (University of Heidelberg), Andrew Bradt (University of Berkeley), and Jeremy Heymann (University Lyon III).
More details can be found here. Participation is free of charge. Please register via office@igkk.org. Read more
Strategic Litigation – Conference in Munich, 20/21 June 2024
On 20 and 21 June, a conference dedicated to Stratetic Litigation, organized by Christiane von Bary (LMU Munich) and Tobias Lutzi (University of Augsburg), will take place at the Bavarian Academy of Sciences and Humanities in Munich, Germany. 
The event, which will be held in German and is free of charge for all attendants, aims to tackle a variety of questions raised by a seemingly growing number of lawsuits that pursue aims beyond the dispute between the litigating parties – only some of which appear societally desireable.
The discussants, many of whom have first-hand experience, will address a number of overarching aspects such as the the role of courts in policy-making or the potential of collective-redress mechanisms and legal tech before diving more deeply into two particularly prominent examples: climate-change litigation and SLAPPs.
More information can be found on this flyer.
Please this link to register for the event.