UK/UAE Cross-Border Enforcement: Monetising Judgments and Arbitral Awards

Following the judgment of the English Courts in the Lenkor proceedings in 2020 enforcing a judgment of the Dubai Courts against the drawer of a cheque in England, there have been a number of further decisions of the English Courts confirming the enforceability of UAE Court judgments in England.  Indeed, the high watermark of this trend may have been the decision of the English Courts in the Invest Bank case to the effect that a decision of the Abu Dhabi Courts was enforceable in England even if it were not enforceable in Abu Dhabi.   This trend has not only been in one direction and, following the directive issued by the UAE Ministry of Justice confirming the principle of reciprocity between the English Courts and the Dubai Courts in September 2022, the onshore UAE Courts have enforced a number of English judgments.  This session will explore this trend from the perspective of enforcing and monetising judgments and arbitral awards between these two jurisdictions, including: (a) injunctive/freezing relief and the role of asset tracing; (b) litigation funding; (c) information gathering tools, including s 1782 relief, Norwich Pharmacal orders and post-recognition discovery; and (d) general asset tracing and enforcement strategy.