HASSAN ELHAIS Lawyer Can a case won outside the UAE apply to property in the Emirates?

QI want to file a case against someone who misled me into entering an agreement based on false facts. He said he was a financial expert but

I found he had no financial background. How can I prove fraud?

AFirst, to prove fraud, the name or characteristic assumed by the accused should lead the victim into handing over his property. What would be considered “leading” is at the judge’s discretion.

Second, there must be positive action from the deceiver to convince the victims of a false characteristic. Hence, staying silent would not be considered fraud even if it misleads the victim into assuming the other’s identity.

Third, the characteristic undertaken by the one committing the fraud should not be evidently inconsistent. It should be such that an ordinary person does not immediately suspect a wrongful act. If the above three conditions are met, it would be considered fraud under Article 399 of the UAE Criminal Code. If any of the above is in writing, it would be an additional crime of falsification, which carries a higher punishment and is a more serious crime.

Is such cases, Article 88 would apply. It states that if a person is guilty of two crimes, he would be punished for the more serious crime.

I have just won a case in a foreign country but the properties of the person I won against are in the UAE. Can I execute the judgment I have received from a foreign court in the UAE? Foreign financial orders can

be enforced in the UAE further to Article 235 of the civil code. Such enforcement must meet certain strict conditions without which any enforcement is not possible. By applying 235, one is essentially applying foreign law through the local courts.

The foreign financial order must go through a process of attestation prior to being legible for enforceability. The process of attestation results in a mirror financial order issued through the local courts, which can then be enforced.

The conditions for attestation are that Dubai courts did not have jurisdiction to deal with the original litigation, the English order was produced by a competent court using the laws of England and Wales, and that both parties were given notice of the hearing and attended or were represented.

Other conditions are that the court had the jurisdiction to make the orders, the order does not conflict with orders previously made by the Dubai courts, or breach public order or morals.

The local courts have a lot of flexibility in the mode of enforcing these orders. They can attach earnings, seize the property and goods, apply a travel ban on the person to force them to comply and order inquiries into their bank account.

I suspect an expatriate in Dubai is concealing his ownership of property in a financial settlement case being held

outside the UAE. How can I legally discover whether a person owns property in Dubai and the property’s address? This information is confidential and cannot be accessed without the court’s permission, for which you would need to file a case to apply a mirror order of a foreign judgment, or claiming funds if the dispute is in regards to local debt.

In certain cases, you can apply for a precautionary seizing order. If you receive a favourable judgment from the local courts, you may apply for the executive seizing order.