The 1999 Bilateral Agreement
The legal basis for judicial cooperation between the UAE and India is the 1999 Agreement on Juridical and Judicial Cooperation in Civil and Commercial Matters. This treaty facilitates the service of summons, the execution of judgments, and the enforcement of arbitral awards across both jurisdictions, fostering a secure environment for cross-border trade and investment.
The 2020 Reciprocating Territory Notification
A landmark development occurred in January 2020 when the Government of India issued a notification under Section 44A of the Code of Civil Procedure (CPC), officially declaring the UAE as a 'reciprocating territory.' This allows judgments passed by superior courts in the UAE to be executed in India as if they were passed by a local Indian District Court, significantly simplifying the recovery process for UAE-based creditors.
Procedural Requirements for Enforcement
To enforce a UAE judgment in India, the decree-holder must file an execution petition in the relevant District Court where the assets are located. The judgment must be final, conclusive, and not contrary to Indian public policy. Furthermore, it must satisfy the conditions set out in Section 13 of the CPC, ensuring that the judgment was rendered on merits by a court of competent jurisdiction.