International Enforcement Guide – UAE, Kuwait and Oman
Transport & Insurance Focus
We answer the most pressing questions around multilateral and bilateral treaties, enforcement procedures, and the treatment of foreign judgments and arbitral awards.
Law Update: Issue 376 – Transport & Insurance
Omar OmarPartner, Head of Transport & Insurance
Ahmed Al BarwaniPartner, Head of Office - Oman
Adam GraySenior Counsel (Consultant),Transport & Insurance
Ahmed RezeikSenior Counsel, Head of Shipping - Kuwait (Consultant)
Passant MansourAssociate,Transport & Insurance
In today's interconnected maritime landscape, the ability to enforce foreign judgments and arbitral awards across multiple jurisdictions is a critical concern for shipping and trade professionals. With the increasing volume of cross-border disputes, understanding the nuances of international enforcement mechanisms in key regional markets has become essential.
This article provides a comparative overview of the international enforcement frameworks in the United Arab Emirates, Kuwait, and Oman — three pivotal jurisdictions in the Middle East’s maritime and commercial sectors.
Drawing on the deep regional experience of our shipping lawyers, this guide reflects our team’s expertise across the region.
UAE - Ministry of Energy and Infrastructure (MOEI), formerly the Federal Transport Authority – Land & Maritime (FTA), MOEI is the main federal authority responsible for implementing maritime policies and laws; ship registration and licensing;
ensuring compliance with international maritime conventions (e.g., SOLAS, MARPOL) and maritime safety and marine environment protection. There are various Emirate-level maritime authorities, such as the Dubai Maritime Authority (DMA) – part of the Dubai Ports, Customs and Free Zone Corporation or the Sharjah Ports Authority. TASNEEF is the UAE Classification Society.
Kuwait In Kuwait there are several governing bodies for maritime and trading companies that operate in the country, the main bodies are the Ministry of Communications (MOC) as well as Ministry to Commerce and Industry (MOCI), beside Kuwait Port Authority (KPA) and Kuwait direct investment (KDIPA).
Oman In Oman, the Ministry of Transport, Communications and Information Technology is the primary authority overseeing maritime affairs. It is responsible for issuing vessel licenses, enforcing safety regulations, and managing broader aspects of maritime transport and communication infrastructure.
Can you provide an overview of the recognition and enforcement framework for foreign judgments and awards in your jurisdiction? Has your country ratified the Riyadh Arab Agreement of Judicial Cooperation 1983 or the GCC Convention for the Execution of Judgments, Delegations, and Judicial Notifications 1996? If so, what are the key provisions? And How do these treaties affect the enforcement of foreign judgments in your jurisdiction?
UAERecognition and Enforcement Framework for Foreign Judgments and Awards in the UAE:Riyadh Arab Agreement of Judicial Cooperation 1983: This agreement provides for mutual recognition of final judgments in civil, commercial, administrative, and personal statute actions among its 19 signatory countries, including the UAE.
GCC Convention for the Execution of Judgments 1996: This convention mandates the execution of final judgments in civil, commercial, administrative, and personal affairs cases among GCC member states, including the UAE.
Both conventions have been ratified without reservations and are part of UAE's domestic laws.
UAE courts now recognise foreign arbitral awards in accordance with the New York Convention provisions, without reassessing the merits of the underlying award, which aligns with international standards.
Kuwait Recognition and Enforcement Framework for Foreign Judgments and Awards in the Kuwait:Kuwait recognise and enforce foreign judgments and awards based on articles 199 and 200 of Kuwait procedures law, however, Kuwait follows the principle of reciprocity.
Kuwait is a signatory on both Riyadh Arab Agreement of Judicial Cooperation 1983 as well as the GCC Convention for the Execution of Judgments, Delegations, and Judicial Notifications 1996,Both conventions have been ratified without reservations and are part of UAE's domestic laws.
Oman Recognition and Enforcement Framework for Foreign Judgments and Awards in the Oman:Oman has ratified the Convention on the Enforcement of Court Judgements, Letters of Rogatory and Judicial Notices in the Gulf Cooperation Council Arab countries (ratified by Oman vide Royal Decree 17/1996) (“GCC Convention”) and Riyadh Arab Agreement for Judicial Cooperation (ratified by Oman vide Royal Decree 34/1999) (“Riyadh Convention”). If a final judgment or order is issued by a GCC State then it shall be recognised in the Sultanate of Oman provided that the conditions of Article (2) of the Riyadh Convention and Article (30) of the Riyadh Convention are met along with the other conditions relating to the acceptance of foreign judgment by the Omani courts pursuant to Article (352) of the Civil and Commercial Procedural Law, as amended by Royal decree No. 29 of 2002 (“Civil Procedural Law”).
The above treaties facilitated the recognition and enforcement of judgments in Oman by simplifying the enforcement proceedings.
What bilateral legal and judicial cooperation treaties has your country ratified with other nations, and what are their key features regarding the enforcement of judgments? and Can you describe an example where a bilateral treaty significantly impacted the enforcement of foreign judgments in your country?
Treaties Ratified by the UAE: The UAE has entered into bilateral treaties with various countries, including Jordan, India, Egypt, Algeria, Pakistan, Afghanistan, Armenia, Azerbaijan, France, Kuwait, Morocco, Somalia, Sudan, Syria, China, Tajikistan, Tunisia, UK, Iran, Italy, and Nigeria. These treaties vary in their provisions for the mutual recognition and enforcement of judgments.
The effectiveness of these treaties differs. For instance, the treaty with Egypt (2000) allows for the enforcement of final judgments in civil and commercial matters with limited grounds for refusal. Conversely, the treaty with the UK (2007) has limited practical effect and does not significantly enhance the mutual recognition and enforcement of judgments beyond domestic laws.
Treaties Ratified by the Kuwait: Kuwait has established bilateral legal and judicial cooperation treaties with various countries to enhance collaboration in legal matters, combat crime, and facilitate mutual assistance. These treaties typically cover areas such as extradition, mutual legal assistance, and the enforcement of judicial decisions such as USA, some European countries, Jordan, Egypt, Algeria, Pakistan, Azerbaijan, Morocco...etc.
The treaty with Egypt allows for the enforcement of final judgments in civil and commercial matters with limited grounds for refusal.
Treaties Ratified by the Oman: Oman has entered into judicial cooperation agreements with various countries, including Egypt, Morocco, India, and Turkey, providing an alternative avenue for enforcing judgments through legislative effect.
These international and bilateral agreements provide, among other things, the reciprocity required for enforcement of court judgments issued in one of the member states.
These treaties aim to strengthen legal collaboration and facilitate the enforcement of judgments between Oman and the respective country.
For example, a binding and final commercial court judgment issued by an Indian court was enforced in Oman without re-examining the merits of the case pursuant to Sultani Decree number 18 of 2020 ratifying the Agreement on Legal and Judicial Cooperation in Civil and Commercial matters between the Sultanate of Oman and Republic of India, following the judgment meeting the required requirements.
What is the procedure for the recognition and enforcement of foreign judgments in your country in the absence of an enforcement treaty? and Are there specific conditions that must be met for a foreign judgment to be recognised and enforced in your Jurisdiction?
Procedure for Recognition and Enforcement of Foreign Judgments Without a Treaty:Applicable Law: Article 222 of Chapter 4 of the Federal Decree-Law No. 42/2022 (Civil Procedure Code) governs the recognition and enforcement of foreign judgments in the UAE. It requires that the foreign judgment or order be recognised and enforced under the same conditions as in the foreign country.
Conditions for Enforcement: The UAE Execution Court verifies five conditions:
UAE Courts lack jurisdiction over the dispute, and the foreign court had proper jurisdiction.
The foreign judgment was issued by a competent court and duly endorsed.
Parties involved were summoned and represented.
The judgment is final and res judicata according to the foreign court's law.
The judgment does not conflict with UAE judgments, morals, or public order.
Procedure for Recognition and Enforcement of Foreign Judgments Without a Treaty:Article 199 and 200 of Kuwait Procedures Law governs the recognition and enforcement of foreign judgments in the UAE. It requires that the foreign judgment or order be recognised and enforced under the same conditions as in the foreign country.
Article 199 stated that The execution of rulings and orders issued in a foreign country may be ordered in Kuwait in accordance with the conditions stipulated in that country for the execution of rulings and orders issued in Kuwait. Rulings and orders issued in the interest of a Kuwaiti natural or corporate person requiring execution over monies owned by a Kuwaiti natural or corporate person shall be exempt from these conditions.
Execution requests shall be presented to the Court of First Instance under the usual conditions for filing lawsuits. Execution shall only be ordered once the following has been investigated:
If the ruling or order was issued by a competent court in accordance with the law of the country in which it was issued
If the litigants in the lawsuit regarding which the foreign ruling was issued were ordered to attend and were correctly represented
If the ruling or order has obtained the force of res judicata in accordance with the law of the court in which it was issued
If it does not contradict a ruling or order previously issued by a Kuwaiti court, and does not contain anything that violates public morals or public order in Kuwait.
Procedure for Recognition and Enforcement of Foreign Judgments Without a Treaty:The Civil Procedural Law provides that judgments rendered by competent courts of foreign jurisdiction may be enforced in Oman on the basis of reciprocity as per Article (352) of the Civil Procedural Law so long as the following conditions are met:
the judgment must be rendered by a competent judicial authority in accordance with the rules of international jurisdiction established in the country’s local laws in which it was issued and that it has become final in accordance with that law and has not been issued on the basis of fraud;
the parties in the proceedings in which the foreign judgment was rendered have been summoned to appear and have been lawfully represented;
the judgment does not contain a request based on a breach of any of the laws in force in the Sultanate of Oman;
the judgment does not contradict a decision previously issued by a court in the Sultanate and does not include anything contrary to public order or morals; and/or
the country in which the judgment has been issued accepts the execution of the Omani courts’ judgments in its territory.
What is the applicable enforcement framework for English judgments in your country?Enforcement Framework for English Judgments in the UAE:Reciprocity Directive: On 13 September 2022, following the English Court decision in Lenkor Energy Trading DMCC v Puri [2021], the UAE Ministry of Justice confirmed reciprocity between the UK and UAE for the mutual enforcement of judgments. The directive requested UAE courts to enforce English judgments in accordance with the laws of both countries.
In 2024, an English High Court judgment was recognised and enforced in the Emirate of Dubai. This judgment was a summary judgment and was issued by way of an interlocutory application and without a full trial. The Dubai Courts issued the recognition and enforcement order within one business day of filing the application. This decision follows a recent judgment of the Dubai Court of Cassation confirming the recognition and enforcement of another English Court judgment in the UAE. Importantly, the Dubai Court of Cassation determined that the requirement of reciprocity in enforcement is established between the English Courts and the UAE Courts.
NB the judgement enforced by the Dubai Courts was on a summary judgement issued by the English High Court of Justice - (https://www.tamimi.com/news/landmark-dubai-court-decisions-signal-pro-enforcement-stance-for-foreign-judgments/)
Enforcement Framework for English Judgments in the Kuwait:Kuwait follows the principle of reciprocity therefore English judgments are not recognised in Kuwait as Kuwaiti judgment are not recognised in UK.
Enforcement Framework for English Judgments in the Oman:Oman and the UK do not have a bilateral treaty for the mutual recognition and enforcement of judgments. Therefore, the enforcement of English judgments are subject to the provisions mentioned in the Civil Procedural Law as mentioned previously.
What is the applicable law for recognising and enforcing foreign arbitral award in your country?Law for Recognising and Enforcing Foreign Arbitral Awards in the UAE:Article 223 of the Civil Procedure Code: This article states that the conditions in Article 222 for foreign judgments also apply to foreign arbitral awards. Additionally, the award must pertain to an arbitrable issue under UAE law and be enforceable in the issuing foreign state.
UAE Federal Arbitration Law 2018: This law applies only to domestic arbitration awards and does not govern the recognition and enforcement of foreign arbitral awards.
Law for Recognising and Enforcing Foreign Arbitral Awards in Kuwait:Article 199 and 200 of Kuwait Procedures Law governs the recognition and enforcement of foreign judgments in the UAE. It requires that the foreign judgment or order be recognised and enforced under the same conditions as in the foreign country.
If it does not contradict a ruling or order previously issued by a Kuwaiti court and does not contain anything that violates public morals or public order in Kuwait.
Law for Recognising and Enforcing Foreign Arbitral Awards in Oman:Article (353) of the Civil Procedural Law mentions that foreign arbitral awards may be enforced in Oman subject to satisfying the conditions mentioned in Article (352) provided that the said award is issued on a subject in which arbitration is permissible according to the laws of Oman and executable in the said country.
In addition, arbitral awards may be enforceable under the New York Convention (1958) to which Oman is a signatory of if the country issuing the award is also a signatory of the said convention.
Has your country ratified The Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the "New York Convention")? Is the convention adhered to closely or do the local courts ?What impact has this had on the enforcement of foreign arbitral awards?
Ratification and Impact of the New York Convention in the UAE:
Ratification: The UAE ratified the New York Convention on 19 November 2006 without reservation. This facilitates the recognition and enforcement of foreign arbitral awards issued in signatory states.
Impact: UAE courts now recognise foreign arbitral awards in accordance with the New York Convention provisions, without reassessing the merits of the underlying award, which aligns with international standards.
Ratification and Impact of the New York Convention in the Kuwait:Yes, Kuwait is a signatory on the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards reserves the right of the State of Kuwait to limit its application to the contracting states. Throughout the Decree-Law No. 10 of 1987.
Ratification and Impact of the New York Convention in the Oman:Oman ratified the New York Convention pursuant to Sultani Decree number 36 of 1998 on the accession of the government of the Sultanate of Oman to the 1958 united nations convention on the recognition and enforcement of foreign arbitral awards, which was issued on 10 June 1998.
In terms of adherence, Omani courts generally respect and enforce the provisions of the New York Convention. However, there are instances where courts may scrutinize awards to ensure they comply with the local laws, especially regarding public order. Courts are expected to recognise and enforce the arbitral awards unless specific grounds for refusal under the Convention, such as violation of public order or issues regarding fairness are invoked.
The impact on enforcement has been largely positive as it facilitated the recognition of arbitral awards from foreign jurisdictions. However, some challenges still exist in practice.
How do the provisions of your civil procedure code interact with the New York Convention when enforcing foreign arbitral awards?Interaction of Civil Procedure Code with the New York Convention:Provisions and Uncertainty: Article 223 of the Civil Procedure Code applies Article 222’s conditions to foreign arbitral awards, but Article 225 states that international conventions take precedence. This creates uncertainty whether Article 222 applies in addition to the New York Convention or only to non-Convention awards, as Article 222’s conditions are more onerous than the Convention’s requirements.
Judicial Interpretation: The Dubai Court of Cassation has issued conflicting rulings. In Macsteel International v Airmech (Dubai) LLC [2012], the court affirmed that only the New York Convention provisions should apply. However, in Carnival SG PTE Ltd v Elan Qatar WLL [2022], the court ruled that the Civil Procedure Code still applies alongside the New York Convention, leading to enforcement denial on public policy grounds.
Practical Advice: Due to judicial inconsistencies, it is advisable to comply with the stricter conditions of Article 222, such as obtaining a legalised certificate of finality and ensuring the tribunal signs each page of the award, to avoid enforcement issues.
Interaction of Civil Procedure Code with the New York Convention:The interaction between the Kuwait Civil Procedure Code and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) is crucial for the enforcement of foreign arbitral awards in Kuwait. Kuwait is a signatory to the New York Convention, which it ratified in 1978, and the provisions of the Convention are integrated into Kuwait's legal framework. Kuwaiti courts play a supervisory role in the enforcement process. They are required to ensure that the foreign arbitral award complies with the New York Convention and Kuwaiti law.
The courts do not re-examine the merits of the case but focus on procedural compliance and public policy considerations.
Once the court issues an enforcement order, the award can be executed in Kuwait as if it were a domestic judgment.
Interaction of Civil Procedure Code with the New York Convention:The Civil Procedural Law interacts with the New York Convention (1958) by providing the procedural framework for enforcing foreign arbitral awards while ensuring they comply with the public order in Oman. Since Oman acceded to the New York Convention in 1998, the courts need to enforce the arbitral award without re-examining the merits, except under the limited exceptions mentioned in the New York Convention such as violation of public order.
Article (355) of the Civil Procedural Law provides that the enforcement of foreign arbitral awards pursuant to the provisions of the Civil Procedural Law should not violate the provisions of the conventions executed between the Sultanate of Oman and other countries. However, there is no clarity on which shall prevails.
Most recently, we note that the Omani courts have changed their practice of recognising and enforcing foreign arbitral awards under the Civil Procedural Law and now takes the position that foreign arbitral awards are subject to the enforcement procedures set out in Sultani Decree number 47 of 1997 promulgating the Omani Arbitration Law.
What is the process for enforcing foreign arbitral awards in your country? Are there any specific practices recommended to ensure successful enforcement?
UAEProcess for Enforcing Foreign Arbitral Awards and Recommended Practices:Enforcement Process: Article 222(2) of the Civil Procedure Code states that the Execution Court must issue an enforcement order within five working days of submission. This order can be appealed within ten working days, but an appeal does not prevent the creditor from executing against the debtor’s assets unless a stay of execution is obtained within seven working days.
Timeframe for Execution: The execution against assets can be quick, concluding within a few weeks if security was already obtained. However, it can take several months or years if assets need to be located, attached, and liquidated.
Recommended Practices: It is advisable to secure assets early in the claim process to expedite enforcement and avoid delays.
KuwaitProcess for Enforcing Foreign Arbitral Awards and Recommended Practices:Kuwaiti courts play a supervisory role in the enforcement process. They are required to ensure that the foreign arbitral award complies with the New York Convention and Kuwaiti law.
The courts do not re-examine the merits of the case but focus on procedural compliance and public policy considerations, however, the court examine the following:
OmanProcess for Enforcing Foreign Arbitral Awards and Recommended Practices:Enforcement Process: Once an approval to enforce the judgment is secured and an enforcement file is opened, Article (356) of the Civil Procedural Law states that the Enforcement department must notify the judgment debtor with the enforcement and order him to comply with it within (7) seven days from the date of notification. If the judgment debtor fails to comply with the enforcement order, the enforcement court will take measures to compel him reaching up to the issuance of an arrest warrant or seize of assets to satisfy the debt. The enforcement order can be challenged, but it does not prevent the creditor from executing against the debtor’s assets unless a stay of execution is obtained.
Timeframe for Execution: there is no timeline for the completion of enforcement as it depends on various factors. The execution against assets can be quick, concluding within a few weeks if security was already obtained. However, it can take several months or years if assets need to be located, attached, and liquidated.
In today's interconnected maritime landscape, the ability to enforce foreign judgments and arbitral awards across multiple jurisdictions is a critical concern for shipping and trade professionals.
What considerations should parties take into account when negotiating arbitration clauses into their contracts in a maritime context?
UAEConsiderations for Maritime Transactions and Arbitration Agreements:Enforcement Focus: Parties dealing with UAE-domiciled counterparts in maritime transactions should prioritize enforcement when negotiating arbitration agreements. Ensuring clear and enforceable arbitration clauses at the contract's inception is crucial.
Fixture Recaps: Maritime and trading contracts often involve a "recap" that outlines key terms and is followed by a more detailed contract or incorporates other terms by reference. For example, in a petroleum sale contract incorporating BP GT&Cs 2015, the arbitration agreement might not be in the initial recap but included in the referenced terms.
Charterparties and Authority: Fixture recaps in charterparties, which are signed and stamped, should explicitly include the arbitration clause.
KuwaitConsiderations for Maritime Transactions and Arbitration Agreements:Parties dealing with Kuwait-domiciled counterparts in maritime transactions should prioritize enforcement when negotiating arbitration agreements. Ensuring clear and enforceable arbitration clauses at the contract's inception is crucial, where the counterparty can't invalidate the arbitration clause.
The parties must ensure that the parties signed on the arbitration clause, and if it is in a recap or referred to another contract, it must be signed as well.
The party who signed the agreement which include the arbitration clause must be legally authorized, or holding a special POA which enable then to sign on the arbitration clause.
The parties must ensure that any of the process are not contrary to any public order in Kuwait, such as notifications, representations...etc.
OmanConsiderations for Maritime Transactions and Arbitration Agreements:When negotiating arbitration clauses, the parties should ensure that the arbitration clause is compliant with Oman's Arbitration Law and verifies it aligns with the Maritime Law.
Interim Measures and Emergency Arbitrator provisions: specify whether arbitrators can grant interim relief such as security for claims or ship detention.
Enforcement: Specify the governing law for arbitration and ensure that the awards are enforceable under Omani law pursuant to the provisions stipulated in the Civil Procedural Law or the New York Convention.
Successfully enforcing foreign judgments and arbitral awards across the Middle East requires not only a deep understanding of local procedures and treaties but also a practical approach informed by regional experience. Whether it's navigating procedural hurdles in Kuwait, leveraging treaty networks in Oman, or responding to evolving enforcement standards in the UAE, proactive planning and expert guidance are key.
With extensive experience across UAE, Kuwait, Oman, and the broader region—including KSA, Qatar, Jordan, Iraq, Bahrain, Morocco, and Egypt—our shipping team is well positioned to support clients through every step of the enforcement process, from recognition to execution.
For further information,please contact Omar Omar, Ahmed Barawni, Adam Gray, Ahmed Rezeik and Passant Mansour.
Published in April 2025
