ADCC 41/17
Type
Case
Court
Abu Dhabi Court of Cassation
Jurisdiction
Abu Dhabi, Sharjah, United Arab Emirates, France
Taxonomy
Enforcement of Judgments, Treaties & International Agreements, General Contract Law
Copyright
LexisNexis
Decision date
12 Apr 1998
Catchwords
Foreign Judgment – Contract – International Treaties – Execution of Claim
This case involved a claim brought by a French company to enforce a French judgment against a company in Sharjah. There was a treaty between France and the UAE on enforcing foreign judgments. A key point was that the contract had been executed in France and French law applied to it. It was correct that the procedures for summons had followed the French law of procedure.
Background
A claim was brought by a French company asking the court to enforce a French judgement delivered against the defendant (a Sharjah company) ordering it to pay US$ 690,981.19, £2,517, and 60,372.85 Francs plus legal costs and interest. The Sharjah civil court ratified the judgement. The defendant appealed and the appeal court upheld the judgement. The defendant appealed by cassation arguing that the lower courts should have ascertained whether summons was properly served on the defendant under the Treaty signed by France and the UAE on enforcing foreign judgements. As the summons was not properly served, the foreign judgement should be null and void.
Decision