United Arab Emirates - Attachment of Assets
Bashir Ahmed is the Managing Partner of Afridi & Angell, Legal Consultants, Dubai, United Arab Emirates.
Chatura Randeniya is a Counsel with Afridi & Angell, Legal Consultants, Dubai, United Arab Emirates.
Mevan K. Bandara is an Associate with Afridi & Angell, Legal Consultants, Dubai, United Arab Emirates.
Originally from Attachment of Assets
1. What is the general nature and effect of judicial measures available for plaintiffs to obtain provisional relief affecting property of debtors to obtain security for judgments to be obtained (“attachments”)? Freezing property in place? Placing it in the custody of a third party, such as a court official, sheriff or marshal?
(a) Interlocutory Attachment under the Civil Procedures Law
The UAE is a federation of seven emirates. The Constitution establishes the UAE as an independent sovereign federal Islamic state and provides for a federal court system. However, each constituent emirate has the right to maintain an independent court system. Currently, the emirates of Sharjah, Ajman, Fujairah and Umm Al Quwain have joined the federal court system. The emirates of Abu Dhabi, Dubai and Ras Al Khaimah each maintain separate court systems.
The range of judicial measures available to the plaintiff vary depending on the nature and grounds of the claim.
Although various laws permit judicial measures to be undertaken, the single law that captures the judicial measures available for plaintiffs is set out in the Civil Procedures Law (the “CPL”).