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The UAE is a complex but increasingly important jurisdiction for cross-border enforcement. It combines an onshore Islamic civil law system conducted in Arabic with offshore English-language common law courts in the Dubai International Financial Centre (DIFC) and the Abu Dhabi Global Market. The interaction between these distinct legal systems makes enforcement challenging, demanding specialist expertise and careful strategy. At the same time, the overlap between these systems provides creditors with a wider range of options to obtain freezing orders and pursue enforcement in support of domestic, foreign, or arbitral proceedings.
8 October 25
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The DIFC Courts can play a key role in the freezing of assets and other interim relief in support of foreign proceedings. However, an area of uncertainty has arisen where the assets are not located in the DIFC, and the order is intended for enforcement onshore. Sometimes described as the Courts’ “free-standing” and “conduit” jurisdiction, this issue has been the subject of shifting case law over the years. Despite what appeared to be some certainty in late 2024, the legal position as of 2025 is again unsettled, even after the enactment of new legislation in March 2025 that was intended to provide clarity.
The DIFC remains a powerful tool for cross-border enforcement. But like any tool, it must be used with precision. The evolving legal landscape requires careful planning and a clear strategy for achieving enforcement objectives.
In this legal alert, we examine recent developments in the DIFC Courts’ approach to granting freezing orders in support of foreign proceedings and their impact on navigating cross-border enforcement in the UAE.
Click here to download and read the full alert.
Should you have any questions regarding this legal alert, please do not hesitate to contact Luisa Cetina, Alex Layden or Natalia Mouzoula.