United Arab Emirates Process Server

Overview

Process Server in United Arab Emirates: How Service of Process Works

The UAE has not signed the Hague Service Convention, so U.S. litigants generally rely on diplomatic channels and Letters Rogatory absent a specific treaty (the UAE does have bilateral judicial assistance treaties with some countries, such as the UK and France, but not with the United States). Domestically, UAE Cabinet Resolution No. 57 of 2018 modernized service under the Civil Procedure Code: notices can now be served between 7 a.m. and 9 p.m. (extended from 6 p.m.), including on non-business days, and by modern technological means, with service carried out by a court bailiff, the claimant's authorized attorney, or a private company subcontracted to the court.

Onshore UAE courts enforce foreign judgments under Articles 222 to 225 of the Civil Procedure Code (Federal Decree-Law No. 42 of 2022). With no treaty between the UAE and the U.S., Article 222 applies reciprocity: a U.S. judgment is enforceable on the same conditions under which a U.S. court would enforce a UAE judgment. The application is made by petition to the Execution Judge.

The execution judge doesn't retry the case, but checks a list of conditions: UAE courts didn't have exclusive jurisdiction, the U.S. court was competent, the judgment is final, it doesn't conflict with a UAE judgment or UAE public order, and, under Article 222(2)(c), the parties were duly summoned and represented. Defective service is one of the most common defences.

The DIFC Courts in Dubai offer a separate common-law route without a standalone reciprocity requirement, while the ADGM Courts can register judgments from courts recognized on the basis of reciprocity. Which route works best depends on where the defendant's assets are.

Who serves process

Who Can Serve Legal Documents in the United Arab Emirates

The UAE's onshore courts follow the Civil Procedure Code, Federal Decree-Law No. 42 of 2022, in force since January 2, 2023. Service is carried out by court bailiffs, and the courts also serve by electronic means such as SMS and email. Arabic is the language of the onshore courts.

The UAE is not a party to the Hague Service Convention and has no service treaty with the United States, so a U.S. case is served by a local agent, or by letters rogatory sent through diplomatic channels to the UAE Ministry of Justice. The DIFC Courts in Dubai and the ADGM Courts in Abu Dhabi are separate English-language common-law courts with their own rules.

Typical documents include summonses and complaints, court orders and notices. Documents for the onshore courts need a certified Arabic translation.

The rules

United Arab Emirates Service of Process Rules

The rules that govern service in the UAE:

Treaties

United Arab Emirates and the Hague Conventions: Treaty Status

The Hague Service Convention lets member countries send documents to each other's Central Authorities for service. The United Arab Emirates has not joined it, so that route isn't available, and the Convention's Article 10 rules on postal and private service don't apply. Whether those methods are acceptable depends on the United Arab Emirates's law and on what your court allows.

The United Arab Emirates is not a party to the Hague Evidence Convention, so requests for witness testimony or documents go through letters rogatory.