Enforcing a UAE Court Judgment in Belgium

Enforcing a UAE court judgment in Belgium is achievable, but it requires a structured legal process. Belgium does not automatically recognise foreign judgments. A creditor must obtain an exequatur - a formal declaration of enforceability issued by a Belgian court - before any assets can be seized or obligations compelled. This guide explains the legal framework, the step-by-step procedure, realistic timelines, cost levels, common defences raised by debtors, and the strategic choices that determine whether an enforcement campaign succeeds.

Belgium and the UAE have not concluded a bilateral treaty on the mutual recognition and enforcement of civil and commercial judgments. This is the starting point that shapes everything. In the absence of a treaty, Belgian courts apply the rules of private international law contained in the Belgian Code of Private International Law (CPIL), adopted by statute and codified under Belgian law. The CPIL sets out the conditions under which a foreign judgment may be recognised and declared enforceable in Belgium.

The absence of a treaty does not mean enforcement is impossible. It means the process is governed entirely by domestic Belgian law rather than a streamlined bilateral mechanism. Belgian courts have a well-established practice of examining foreign judgments under the CPIL criteria, and UAE judgments have been successfully enforced in Belgium by creditors who prepared their files correctly.

A common mistake made by creditors at this stage is assuming that because the UAE has a sophisticated court system and a civil law tradition in its onshore courts, Belgian courts will treat UAE judgments with particular deference. In practice, the CPIL criteria apply uniformly regardless of the prestige of the foreign court. What matters is whether the specific judgment satisfies each statutory condition.

The Belgian CPIL establishes a closed list of grounds on which a Belgian court may refuse to recognise a foreign judgment. Understanding these conditions is essential before filing, because a well-prepared application addresses each one proactively.

The core conditions are as follows:

• The foreign judgment must be final and enforceable in the country of origin.
• The foreign court must have had jurisdiction under rules that Belgian law considers acceptable.
• The rights of defence of the losing party must have been respected in the original proceedings.
• The judgment must not be contrary to Belgian public policy (ordre public).
• The judgment must not have been obtained by fraud.
• The judgment must not conflict with a prior Belgian judgment or a prior foreign judgment already recognised in Belgium on the same dispute.

Each of these conditions deserves careful attention in the context of UAE judgments specifically.

Finality and enforceability in the UAE requires documentary proof. A UAE judgment becomes final once the appeal period has expired without an appeal being filed, or once the Court of Appeal or Court of Cassation has issued its ruling. The creditor must obtain a certificate of enforceability (tanfidh) from the UAE court and, where relevant, an apostille under the Hague Apostille Convention. The UAE acceded to the Hague Apostille Convention, which simplifies the authentication of public documents for use in Belgium.

Jurisdiction of the UAE court is assessed by Belgian courts using a mirror-image approach: they ask whether, had the case been brought in Belgium, a Belgian court would have had jurisdiction on similar grounds. UAE courts typically assert jurisdiction based on the domicile of the defendant, the place of performance of the contract, or the location of the subject matter. These bases are broadly consistent with Belgian jurisdictional rules, so this condition is usually satisfied for commercial disputes.

Rights of defence is an area where UAE proceedings occasionally attract scrutiny. Belgian courts will examine whether the defendant was properly served, had adequate time to respond, and had a genuine opportunity to present arguments. Service by publication or service on a defendant who was absent from the UAE without actual notice can raise concerns. Creditors should obtain the full procedural record from the UAE court to demonstrate that service was regular.

Public policy is the most unpredictable ground. Belgian courts interpret public policy narrowly in the context of commercial judgments, but certain elements of UAE law - including provisions on interest, penalties, or aspects of family and personal status law - can trigger scrutiny. For purely commercial money judgments, public policy objections are relatively rare but not unknown.

The enforcement process in Belgium follows a defined sequence. Each stage has its own requirements and realistic timeframe.

Gathering and authenticating the UAE judgment documents

The creditor must obtain a certified copy of the UAE judgment, a certificate confirming the judgment is final and enforceable, and a translation into French or Dutch (depending on the linguistic region of Belgium where the debtor's assets are located or where the debtor is domiciled). The translation must be prepared by a sworn translator recognised in Belgium. The UAE documents must bear an apostille issued by the competent UAE authority.

In practice, obtaining the full set of authenticated documents from the UAE can take several weeks, particularly if the original proceedings were before a UAE federal court or a court in a free zone with its own procedural rules. Creditors dealing with judgments from the Dubai International Financial Centre (DIFC) courts or the Abu Dhabi Global Market (ADGM) courts face an additional layer of complexity: these are common law courts operating within the UAE, and their judgments are technically judgments of UAE-based institutions, but Belgian courts may examine their legal status with particular care.

Identifying the competent Belgian court and filing the application

The exequatur application is filed before the Court of First Instance (Tribunal de première instance / Rechtbank van eerste aanleg) in Belgium. The competent court is determined by the domicile or registered seat of the debtor in Belgium, or by the location of the assets to be seized if the debtor has no Belgian domicile.

The application is filed by a Belgian lawyer (avocat / advocaat) who holds rights of audience before the relevant court. Foreign creditors cannot file directly. Engaging a Belgian lawyer with experience in international enforcement matters is not optional - it is a legal requirement.

The application must include the authenticated and translated judgment, supporting procedural documents from the UAE proceedings, and a legal brief addressing each of the CPIL conditions. The brief should proactively explain why each condition is satisfied, rather than leaving the court to draw its own conclusions.

The court examination and hearing

Belgian courts examine exequatur applications in a procedure that is, in principle, non-contentious at the initial stage. The court reviews the documents and the legal brief. If the application is complete and the conditions appear satisfied, the court may grant the exequatur without a full adversarial hearing.

However, if the debtor is notified and chooses to oppose the application, the procedure becomes contentious. The debtor may raise any of the CPIL grounds as a defence. This converts the process into a standard civil litigation track, with exchange of written submissions and, in some cases, a hearing. Contested exequatur proceedings take considerably longer than unopposed ones.

A realistic timeline for an unopposed exequatur is three to six months from filing. A contested procedure can extend to twelve to twenty-four months, particularly if the debtor raises substantive public policy arguments or challenges the regularity of the UAE proceedings.

Obtaining and registering the exequatur order

Once the Belgian court grants the exequatur, the order declares the UAE judgment enforceable in Belgium. The creditor's Belgian lawyer registers the order and proceeds to enforcement through the standard Belgian enforcement mechanisms: seizure of bank accounts, attachment of movable or immovable property, or garnishment of receivables owed to the debtor by third parties.

Enforcement is carried out by a Belgian bailiff (huissier de justice / gerechtsdeurwaarder). The bailiff has statutory powers to identify and seize assets. In practice, creditors often combine the exequatur application with a prior application for a conservatory attachment (saisie conservatoire / bewarend beslag) to freeze assets before the debtor can dissipate them.

If you are at the stage of preparing your enforcement file, contact info@vlolawfirm.com. We can assist with document preparation, Belgian counsel coordination, and strategy for asset preservation.

Understanding the defences a debtor can raise is as important as understanding the conditions for recognition. A creditor who anticipates and pre-empts these defences has a significantly higher chance of a swift outcome.

Challenging jurisdiction of the UAE court

The debtor may argue that the UAE court lacked jurisdiction under standards acceptable to Belgian law. This defence is most commonly raised where the UAE court asserted jurisdiction on the basis of a clause in a contract that the debtor claims was not validly agreed, or where the defendant was a Belgian-domiciled individual who had no meaningful connection to the UAE at the time of the proceedings.

Creditors should obtain and present the full contractual record, including any jurisdiction clause, and the procedural documents showing how the UAE court established its competence.

Rights of defence violations

This is the defence most frequently raised in practice. The debtor may claim that service was irregular, that the time allowed to respond was insufficient, or that the proceedings were conducted in a language the debtor did not understand without adequate translation. Belgian courts take this ground seriously.

Creditors should obtain from the UAE court the full service record, including proof of delivery, and any record of the debtor's participation or non-participation in the proceedings. If the debtor was represented by counsel in the UAE, this is strong evidence that the rights of defence were respected.

Public policy

The debtor may argue that the UAE judgment contains elements contrary to Belgian public policy. In commercial matters, this ground is narrow. It might be invoked if the judgment includes punitive damages of a magnitude unknown to Belgian law, or if the judgment was rendered in proceedings that fundamentally departed from due process standards.

Belgian courts apply a distinction between the public policy of the substance (ordre public de fond) and the public policy of procedure (ordre public de procédure). Both can be invoked, but both are interpreted restrictively in commercial contexts.

Fraud

If the debtor can demonstrate that the UAE judgment was obtained by fraud - for example, by the submission of forged documents or by misleading the UAE court about material facts - Belgian courts will refuse recognition. This is a high threshold and requires concrete evidence.

Scenario one: a UAE supplier enforcing a payment judgment against a Belgian importer

A UAE-based manufacturer obtains a judgment from the Dubai Courts against a Belgian trading company for unpaid invoices. The Belgian company has a registered office in Brussels and maintains bank accounts with Belgian banks. The UAE judgment is final, the appeal period has expired, and an apostille has been obtained.

In this scenario, the creditor's primary concern is speed: the Belgian debtor may attempt to dissipate assets once it learns of the enforcement action. The recommended strategy is to file simultaneously for a conservatory attachment of the Belgian bank accounts and for the exequatur. The conservatory attachment can be obtained on an ex parte basis (without notice to the debtor) from the Belgian court, provided the creditor can demonstrate urgency and the apparent validity of the claim. Once the accounts are frozen, the debtor has less incentive to contest the exequatur aggressively.

The full process from filing to completed enforcement, assuming no serious contest, typically takes six to nine months.

Scenario two: a UAE real estate developer enforcing a judgment against a Belgian individual

A UAE developer obtains a judgment against a Belgian national for breach of a property purchase agreement. The Belgian individual owns real estate in Belgium. The individual claims they were never properly served in the UAE proceedings and that the judgment was rendered in their absence.

This scenario presents a higher risk of a contested exequatur. The debtor will almost certainly raise the rights of defence ground. The creditor must obtain from the UAE court the complete service record and demonstrate that service complied with UAE procedural law and was reasonably calculated to give the defendant actual notice. If service was effected through official channels and the defendant simply chose not to appear, Belgian courts are generally willing to recognise the judgment. If service was defective, the creditor faces a genuine risk of refusal.

In this scenario, the timeline for contested proceedings could extend to eighteen months or more. The creditor should also consider whether the Belgian real estate can be subject to a conservatory attachment pending the exequatur, which would prevent the debtor from selling the property during the proceedings.

The cost of enforcement has several components, and creditors should plan for each category.

Belgian legal fees

Engaging a Belgian lawyer experienced in international enforcement is the largest single cost. Fees vary depending on the complexity of the matter, whether the proceedings are contested, and the value of the judgment. For a straightforward unopposed exequatur on a commercial money judgment, professional fees typically start from the low thousands of EUR. A contested procedure involving multiple hearings and expert evidence will cost considerably more.

Translation costs

All UAE documents must be translated by a sworn translator. Translation costs depend on the volume of documents. A full set of UAE court documents for a commercial dispute can run to many pages, and sworn translation is priced per page. Creditors should budget for this cost early and obtain a quote before finalising the document set.

Authentication and apostille costs

Obtaining apostilles in the UAE involves fees payable to the UAE Ministry of Foreign Affairs or the relevant emirate authority. These are moderate in absolute terms but add to the overall budget.

Bailiff fees

Once the exequatur is granted, the Belgian bailiff charges fees for carrying out the enforcement actions. These fees are regulated by Belgian law and are generally recoverable from the debtor as enforcement costs, but the creditor must advance them.

Court fees

Belgian court fees for exequatur proceedings are relatively modest compared to the overall cost of the exercise. They are set by Belgian procedural law and vary by court and by the nature of the application.

Many underestimate the total cost of a contested enforcement campaign. A creditor pursuing a judgment of modest value may find that the cost of enforcement approaches or exceeds the value of the judgment itself. A realistic cost-benefit analysis before commencing proceedings is essential.

What happens if the UAE judgment includes interest or penalty clauses that exceed Belgian norms?

Belgian courts may reduce or refuse to enforce portions of a foreign judgment that conflict with Belgian public policy, even if they recognise the judgment in principle. Interest rates that are commercially standard in the UAE may be enforceable in Belgium if they fall within ranges that Belgian courts consider acceptable for commercial transactions. Contractual penalties that are grossly disproportionate to the actual damage may be moderated by the Belgian court under its domestic powers. In practice, this means the creditor may recover the principal amount and a portion of the interest and penalties, but not necessarily the full amount awarded by the UAE court. The creditor's Belgian lawyer should analyse the judgment carefully before filing and advise on the realistic recoverable amount.

How long does the entire process take from obtaining the UAE judgment to receiving payment in Belgium?

The timeline depends heavily on whether the debtor contests the exequatur and on the speed of asset identification and seizure. For an unopposed exequatur on a straightforward commercial judgment with identifiable Belgian assets, the process from filing to receipt of funds can take six to twelve months. A contested procedure, particularly one involving appeals, can extend to two to three years. Asset tracing, if the debtor has concealed or transferred assets, adds further time. Creditors should treat the timeline as a range rather than a fixed period and plan their cash flow accordingly.

Is it worth enforcing a UAE judgment in Belgium, or should the creditor consider alternative strategies?

The answer depends on three factors: the value of the judgment, the nature and location of the debtor's assets in Belgium, and the strength of the UAE judgment on the CPIL conditions. If the debtor has substantial, identifiable Belgian assets and the judgment is clean on procedural grounds, enforcement is generally worthwhile. If the debtor's Belgian assets are limited, concealed, or already encumbered, the cost of enforcement may not justify the exercise. Alternative strategies include negotiating a settlement using the threat of enforcement as leverage, or pursuing the debtor's assets in other jurisdictions where they may be more accessible. In some cases, a creditor holds a UAE arbitral award rather than a court judgment; Belgium is a party to the New York Convention, and enforcement of arbitral awards follows a different and often more straightforward track.

Enforcing a UAE court judgment in Belgium is a structured process governed by the Belgian CPIL. Success depends on the quality of the UAE judgment documents, the strength of the procedural record from the UAE proceedings, and the speed with which the creditor moves to preserve Belgian assets. The absence of a bilateral treaty means there is no shortcut, but the CPIL framework is workable for well-prepared creditors with sound judgments.

VLO Law Firm advises international clients on judgment enforcement matters involving the UAE and Belgium. We can assist with document authentication, Belgian counsel coordination, conservatory attachment strategy, and exequatur proceedings. To request a consultation, contact: info@vlolawfirm.com