Civil Law and UAE Private International Law and Conflict of Laws Rules

1. Introduction

Private International Law (PIL), also called Conflict of Laws, determines which country's law should govern a civil dispute containing a foreign element.

A dispute may have a foreign element where:

• the parties have different nationalities;
• parties are domiciled in different countries;
• a contract was concluded in one country and performed in another;
• property is situated abroad;
• a tort occurred outside the UAE;
• a foreign judgment or arbitral award is presented for enforcement in the UAE;
• a company is incorporated in another country;
• a contract contains a foreign governing-law clause.

The UAE has a codified conflict-of-laws system. The current framework is particularly important because the Federal Decree by Law No. 25 of 2025 promulgating the new Civil Transactions Law is now in force from 1 June 2026, replacing the 1985 Civil Transactions Law. The new law retains a dedicated set of conflict-of-laws provisions in Articles 10–30.

A major distinction must also be made between:

1. mainland/onshore UAE courts;
2. DIFC Courts; and
3. ADGM Courts.

The latter two operate under distinct common-law-based frameworks and should not simply be treated as applying the mainland UAE conflict rules.

2. Meaning of Private International Law

Private International Law is the body of rules used to answer three principal questions:

1. Jurisdiction

Which country's court can hear the dispute?

2. Applicable law

Which country's substantive law should the court apply?

3. Recognition and enforcement

Should a UAE court recognise and enforce a foreign judgment or arbitral award?

These questions are related but separate.

For example:

A Dubai court may have jurisdiction over a dispute but nevertheless determine that English law governs the contract.

Similarly:

A UAE court may recognise an English judgment even though English law governed the original dispute.

3. Current UAE Legislative Framework

The new Federal Decree by Law No. 25 of 2025 contains the current conflict-of-laws framework.

The provisions cover, among other things:

• characterisation;
• application of UAE law;
• personal status;
• nationality;
• contracts;
• tort/non-contractual obligations;
• procedural law;
• international conventions;
• renvoi;
• multiple legal systems;
• public policy;
• inability to establish foreign law.

The new legislation expressly provides that where a matter is governed by an applicable international convention or special legislation, that special rule takes priority.

4. Characterisation

Before determining the applicable law, the court must first determine what type of legal issue it is dealing with.

This is called characterisation.

For example, the same factual situation might potentially be characterised as:

• contract;
• tort;
• property;
• succession;
• company law;
• personal status;
• procedure.

The classification can change the connecting factor.

Example

Suppose a UAE company sells goods to an Indian company and the goods are damaged during transportation.

The dispute might involve:

• contractual liability;
• tort liability;
• carriage law;
• insurance;
• property rights.

The court must identify the legal category before applying the appropriate conflict rule.

5. Lex Fori — Law of the Forum

One of the most important conflict principles is:

Procedure is governed by the law of the court hearing the case.

Under Article 21 of the new Civil Transactions Law:

Judicial jurisdiction rules and procedural matters are governed by the law of the country where the action is instituted or the procedures are undertaken.

Therefore, if a UAE court hears an international civil dispute, UAE procedural law generally governs:

• filing;
• service;
• evidence procedure;
• court procedure;
• appeals;
• procedural deadlines;
• enforcement procedure.

But the substantive law may still be foreign.

6. Lex Rei Sitae — Law of the Location of Property

Property disputes frequently use the law of the place where the property is located.

For example:

A dispute concerning ownership of land situated in Dubai will ordinarily have a strong connection with UAE law.

The new Civil Transactions Law expressly provides that contracts concerning immovable property are governed by the law of the country in which the property is located.

This reflects the traditional principle:

lex rei sitae = law of the place where the property is situated.

7. Contracts and Choice of Law

Party autonomy is an important principle in international commercial contracts.

Where parties have validly chosen a governing law, UAE courts may give effect to that choice subject to:

• mandatory UAE rules;
• applicable treaties;
• public policy;
• the nature of the dispute;
• validity of the choice-of-law clause.

The UAE conflict-of-laws system historically recognised contractual choice of law, and the new Civil Transactions Law continues the contractual conflict framework. Scholarly analysis of the UAE system identifies party autonomy as a central feature of international commercial contracting.

Example

A UAE company and a French company conclude a contract providing:

"This agreement shall be governed by French law."

A UAE court may therefore have to apply French substantive law if the choice is valid and no overriding UAE rule prevents its application.

8. Default Rule Where There Is No Choice of Law

The new Civil Transactions Law provides a structured approach where parties have not selected a governing law.

For contracts, the framework considers factors including:

• common domicile of the contracting parties;
• place of performance of the principal obligation;
• circumstances indicating another intended law.

Contracts concerning immovable property are governed by the law of the property's location.

Thus, the court does not simply assume that UAE law applies because proceedings are taking place in the UAE.

9. Non-Contractual Obligations

Article 20 of the new Civil Transactions Law provides a general rule for non-contractual obligations:

The applicable law is generally the law of the country where the event giving rise to the obligation occurred.

The provision also contains a special rule for conduct occurring abroad that is lawful in the UAE.

Example

A UAE resident suffers damage from an event occurring in another country.

The court must examine:

• where the harmful event occurred;
• the applicable connecting factor;
• whether the conduct was lawful in the UAE;
• whether another special law or treaty applies.

10. International Treaties Have Priority

The new Civil Transactions Law expressly provides that the general conflict provisions do not apply where there is a contrary provision in:

• a special law; or
• an international convention in force in the UAE.

This is extremely important.

For example, international conventions may regulate:

• recognition of foreign judgments;
• international arbitration;
• carriage;
• sale of goods;
• investment;
• family matters.

The court must therefore identify any applicable treaty before mechanically applying the Civil Transactions Law.

11. Renvoi

Renvoi occurs when UAE conflict rules point to the law of another country, but that country's own conflict rules refer the matter somewhere else.

Example

UAE conflict rules → Country A law

Country A's conflict rules → UAE law

The new Civil Transactions Law provides that, where foreign law is applicable, the court generally applies its internal substantive provisions, excluding its private international law rules.

However, UAE law may apply where the foreign conflict rules refer the matter back to UAE law.

Therefore, UAE law generally adopts a limited form of renvoi.

12. Public Policy Exception

One of the most important limitations on foreign law is UAE public policy and public morals.

Article 29 of the new Civil Transactions Law provides that foreign-law provisions designated by the conflict rules may not be applied where they are contrary to UAE public order or public morals.

This is an important safety valve.

Example

Suppose a UAE conflict rule points to foreign law, but application of a particular foreign provision would produce a result fundamentally inconsistent with UAE public policy.

The UAE court may refuse to apply that particular provision.

However, the public-policy exception should not be confused with:

"UAE courts always apply UAE law."

That is not the rule.

13. Proof of Foreign Law

A major practical problem in UAE litigation is:

How does the court know what the foreign law actually says?

Foreign law generally needs to be properly established before the UAE court.

Historically, UAE courts have treated foreign law as something that must be established through appropriate evidence rather than simply assuming its content. Scholarly analysis notes that UAE courts have traditionally required parties relying on foreign law to prove its content, commonly through authenticated legal materials and appropriate Arabic translations.

Practical evidence may include:

• official legislation;
• authenticated copies;
• certified translations;
• expert legal opinions;
• official government publications;
• relevant foreign judgments.

If the content of the foreign law cannot be established, the new Civil Transactions Law contains a rule directing application of UAE law.

14. Multiple Legal Systems Within One Country

Some countries have several internal legal systems.

Examples include:

• United States;
• Canada;
• United Kingdom;
• Australia;
• UAE itself in certain specialised contexts.

The new Civil Transactions Law provides rules for determining which internal legal system applies where the conflict rules designate a country having multiple legal systems.

This prevents a conflict rule from stopping at:

"Apply US law."

The court may still need to determine:

"Which state's law within the United States?"

15. Multiple Nationalities

The new legislation also addresses persons having:

• unknown nationality;
• multiple nationalities;
• UAE nationality plus another nationality.

The current framework provides that UAE law applies where a person simultaneously holds UAE nationality and another nationality.

This is particularly important in:

• family disputes;
• succession;
• personal status;
• capacity;
• matrimonial matters.

16. Foreign Judgments

Private International Law also concerns recognition and enforcement of judgments issued abroad.

A foreign judgment does not automatically become a UAE judgment merely because it is final in its country of origin.

The UAE court must consider the applicable enforcement regime and relevant procedural requirements.

A particularly important modern authority is:

Dubai Court of Cassation — Case No. 592 of 2023

On 25 January 2024, the Dubai Court of Cassation dealt with enforcement of an English court judgment.

The court confirmed enforcement under the applicable UAE procedural framework, including the statutory conditions for foreign judgments.

Principle

A foreign judgment must satisfy the applicable UAE recognition and enforcement requirements before it can be enforced in the UAE.

This demonstrates the difference between:

validity in the country of origin

and

enforceability in the UAE.

17. Foreign Arbitral Awards

International arbitration is another important component of UAE private international law.

The UAE is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Consequently, recognition of foreign awards is influenced by:

• the Convention;
• UAE arbitration legislation;
• procedural rules;
• public policy;
• jurisdictional requirements.

18. Important Case Laws

Case 1 — Dubai Court of Cassation, Appeal No. 501 of 2021

This is an important case concerning application of foreign law.

The case involved personal-status proceedings and the effect of the 2020 legislative amendments.

The decision of 12 January 2022 addressed the circumstances in which foreign law must be invoked before a UAE judge under the applicable attribution rule.

Principle

Foreign law does not simply become applicable in practice because an international connection exists.

The party relying upon the relevant foreign-law rule must comply with the applicable requirements for invoking and establishing that law.

Importance

This case is particularly useful for:

• proof of foreign law;
• personal-status disputes;
• application of connecting factors;
• procedural invocation of foreign law.

Case 2 — Dubai Court of Cassation, Petition No. 156 of 2013

This case concerned enforcement of foreign ICC arbitral awards.

The awards had been rendered in Paris.

The Dubai Court of Cassation refused enforcement because the UAE courts lacked the required jurisdictional connection with the foreign award debtor. The court treated international jurisdiction as a matter of public policy.

Principle

Before enforcing a foreign award, the UAE court must possess the necessary jurisdictional basis.

Importance

This case illustrates the relationship between:

• international jurisdiction;
• foreign awards;
• UAE procedural law;
• public policy.

It is also historically important because later UAE jurisprudence has evolved considerably in foreign-award enforcement.

Case 3 — Abu Dhabi Court of Cassation, Commercial Case No. 248 of 2022

The Abu Dhabi Court of Cassation considered recognition and enforcement of a foreign arbitral award.

The court held that the award satisfied the requirements of the New York Convention and upheld recognition and enforcement.

The case also discusses:

• authentication;
• certification;
• binding effect;
• primary jurisdiction of the seat;
• secondary jurisdiction of the enforcement court.

Principle

There is an important distinction between:

Primary jurisdiction: courts at the seat dealing with annulment.

and

Secondary jurisdiction: courts elsewhere dealing with recognition and enforcement.

Importance

This is a significant example of UAE courts operating within the international enforcement framework.

Case 4 — Dubai Court of Cassation, Case No. 592 of 2023

As noted above, the case concerned enforcement of an English court judgment.

The Dubai Court of Cassation's decision of 25 January 2024 confirmed enforcement after considering the requirements under the UAE procedural framework.

Principle

A foreign judgment is subject to an independent UAE recognition process.

The UAE court considers matters such as:

• finality;
• proper jurisdiction;
• compatibility with UAE judgments;
• public order;
• statutory enforcement conditions.

Importance

It demonstrates the recognition stage of private international law.

Case 5 — Dubai Court of Cassation, Petition No. 790 of 2022

This case involved an application to enforce a foreign arbitral award.

The Dubai Court of Cassation maintained the position that the UAE court needed an appropriate jurisdictional connection with the award debtor.

The decision is important because it demonstrates the historically significant role of domicile and jurisdiction in foreign-award enforcement.

Principle

International enforcement is not merely a question of whether an award is valid at the seat; the enforcing court must also examine its own jurisdiction.

Caution

This case should be read as part of the historical development of UAE foreign-award enforcement, because subsequent jurisprudence has moved toward a more Convention-oriented approach.

Case 6 — Dubai Court of Cassation, Case No. 693 of 2015

The Dubai Court of Cassation considered an issue concerning the capacity or authority of a signatory to enter into an arbitration agreement.

The Court held that the question could be assessed by reference to the law of the seat of arbitration, rather than simply the law of the company's place of incorporation.

Principle

Different legal questions within the same international dispute may have different connecting factors.

For example:

• corporate capacity;
• validity of arbitration agreement;
• arbitration procedure;
• merits of the contract;

may potentially involve different laws.

Importance

This illustrates the sophisticated nature of conflict-of-laws analysis.

Case 7 — DNB Bank ASA v Gulf Eyadah Corporation

[2015] DIFC CA 007

This is a leading DIFC authority concerning recognition and enforcement of a foreign judgment.

The DIFC Court considered the recognition of an English judgment and the interaction between:

• foreign judgments;
• DIFC jurisdiction;
• UAE enforcement mechanisms;
• principles of res judicata and international recognition.

Principle

A foreign judgment can have significant legal effect in the DIFC where the applicable recognition requirements are satisfied.

Importance

It is a leading example of how the DIFC's common-law-oriented system approaches international judgments.

Important: This is a DIFC authority and should not be presented as a direct statement of mainland UAE conflict-of-laws law.

Case 8 — Lural v Listran & Lokhan

[2021] DIFC CA 003

This DIFC Court of Appeal case concerned the recognition and effect of foreign judgments and related issues of:

• res judicata;
• estoppel;
• foreign proceedings;
• international litigation.

Principle

International litigation can produce consequences beyond the country where the original judgment was issued.

A court considering subsequent proceedings must determine what legal effect should be given to the earlier foreign judgment.

Importance

The case demonstrates the interaction between private international law and finality of litigation.

19. Case-Law Table

20. DIFC and ADGM Must Be Distinguished

The UAE has an unusual legal structure.

Mainland UAE

Generally operates through:

• Federal legislation;
• local Emirate courts;
• Federal Courts where applicable;
• UAE civil and commercial legislation.

DIFC

Has:

• its own courts;
• its own laws;
• common-law-based legal principles;
• its own conflict-of-laws framework.

ADGM

Similarly operates through:

• its own courts;
• English common-law principles;
• its own legal framework.

Therefore:

"UAE law" does not always mean one uniform conflict-of-laws methodology throughout every jurisdiction located within the UAE.

This distinction is essential in examinations and international commercial disputes.

21. Public Policy as a Limitation

Public policy is one of the most important safeguards.

Suppose:

UAE conflict rule → Foreign law

but a particular foreign rule is fundamentally incompatible with UAE public policy.

The court may refuse to apply that particular rule.

The current Civil Transactions Law expressly preserves this principle.

Examples of potentially relevant public-policy considerations

Depending on the circumstances:

• mandatory UAE legislation;
• fundamental legal principles;
• public morals;
• non-waivable statutory protections;
• rules concerning matters reserved to UAE law.

The exception should be applied to the conflicting rule, rather than automatically rejecting the entire foreign legal system.

22. Mandatory Rules

An international contract may contain a foreign governing-law clause, but certain UAE provisions may still apply because they are mandatory.

Therefore:

Choice of law does not necessarily eliminate all application of UAE law.

For example, a contract governed by foreign law may nevertheless encounter:

• UAE regulatory requirements;
• UAE public-policy rules;
• mandatory property rules;
• mandatory procedural rules;
• applicable special legislation.

23. Difference Between Governing Law and Jurisdiction

This is a very important examination point.

Governing law

Answers:

Which substantive law applies?

Jurisdiction

Answers:

Which court can hear the dispute?

They are independent questions.

Example

A contract may provide:

"English law governs the contract."

and:

"Dubai courts have jurisdiction."

If valid, the Dubai court may hear the case while applying English substantive law.

Thus:

Jurisdiction ≠ governing law.

24. Difference Between Substantive Law and Procedural Law

Another important distinction is:

Substantive law

Determines:

• rights;
• duties;
• liability;
• damages;
• contractual obligations;
• ownership.

Procedural law

Determines:

• filing;
• service;
• evidence procedure;
• hearings;
• appeals;
• execution.

Under the UAE conflict framework, procedure generally follows the law of the forum — lex fori. The new Article 21 expressly confirms this approach.

25. Practical Example — UAE Company and English Company

Suppose:

• UAE company = Dubai;
• counterparty = English company;
• contract signed in Dubai;
• performance in England;
• contract contains English governing-law clause;
• dispute filed in Dubai.

The court may need to separately determine:

Question 1

Does the Dubai court have jurisdiction?

Question 2

Is the English governing-law clause valid?

Question 3

What substantive law applies?

Potentially:

English law → contract merits

while:

UAE law → Dubai court procedure

The distinction is fundamental.

26. Practical Example — Foreign Property

A UAE resident purchases land in another country.

A dispute later arises concerning ownership.

The court must examine the applicable property conflict rule.

The law of the property's location is generally the crucial connecting factor.

Thus:

Property situated abroad may be governed by the law of the foreign country even if the parties reside in the UAE.

27. Practical Example — International Tort

A company operating in Dubai suffers damage from an incident occurring abroad.

The court must determine:

• where the event occurred;
• where the damage-producing conduct occurred;
• whether the event was lawful in the UAE;
• whether a special statute or treaty applies.

Under Article 20, the general connecting factor for non-contractual obligations is the country where the event giving rise to the obligation occurred.

28. Practical Example — Foreign Judgment

An English company obtains a final English judgment against a UAE company.

The English company then seeks enforcement in Dubai.

The UAE court does not simply retry the original dispute.

It examines whether the judgment satisfies the applicable UAE recognition and enforcement requirements.

The Dubai Court of Cassation's Case No. 592 of 2023 illustrates this process.

29. Practical Example — Foreign Arbitration Award

A Singapore-seated arbitral tribunal awards USD 10 million against a UAE company.

The winning party seeks enforcement in the UAE.

The court considers:

• New York Convention;
• UAE arbitration legislation;
• jurisdiction;
• authenticity;
• finality/binding nature;
• procedural fairness;
• public policy;
• applicable Convention grounds for refusal.

The Abu Dhabi Court of Cassation's Case No. 248 of 2022 illustrates recognition of a foreign award under the Convention.

30. Step-by-Step UAE Conflict-of-Laws Analysis

A good legal analysis can follow this sequence:

Step 1 — Identify the foreign element

Ask:

• foreign party?
• foreign property?
• foreign contract?
• foreign event?
• foreign judgment?

Step 2 — Characterise the dispute

Is it:

• contract?
• tort?
• property?
• personal status?
• succession?
• company?
• arbitration?

Step 3 — Determine jurisdiction

Which court can hear the case?

Step 4 — Search for a special rule

Check:

• treaty;
• special statute;
• mandatory legislation.

Step 5 — Apply the relevant connecting factor

Examples:

• nationality;
• domicile;
• place of contracting;
• place of performance;
• location of property;
• place of harmful event.

Step 6 — Consider party choice

Was a governing-law clause agreed?

Step 7 — Determine foreign-law content

The party relying upon foreign law must properly establish its content.

Step 8 — Consider renvoi

Does the foreign law refer the matter back to UAE law?

Step 9 — Apply public-policy control

Would application of the foreign provision violate UAE public order or morals?

Step 10 — Apply UAE procedural law

If proceedings are before a UAE court, procedural questions generally follow UAE lex fori.

31. Important Principles for Exams

Principle 1

Private International Law deals with international civil disputes involving a foreign element.

Principle 2

Jurisdiction and governing law are separate questions.

Principle 3

Party autonomy is important in international contracts.

Principle 4

The law of the location of immovable property is particularly important in property disputes.

Principle 5

Non-contractual obligations are generally connected to the place where the event giving rise to the obligation occurred.

Principle 6

Procedure is generally governed by the law of the forum.

Principle 7

International treaties can override ordinary domestic conflict rules.

Principle 8

Renvoi is generally excluded except where the applicable framework refers the matter back to UAE law.

Principle 9

Foreign law may have to be established before a UAE court.

Principle 10

Foreign law cannot be applied where it conflicts with UAE public order or public morals.

Principle 11

Recognition of a foreign judgment is different from deciding the original dispute.

Principle 12

DIFC and ADGM conflict rules must not automatically be equated with mainland UAE rules.

32. Short Exam Answer

Private International Law and Conflict of Laws in the UAE determine the applicable jurisdiction, governing law and recognition of foreign judgments and awards where a civil dispute contains a foreign element.

The current mainland framework is principally contained in Articles 10–30 of the Federal Decree by Law No. 25 of 2025 on the Civil Transactions Law, effective from 1 June 2026. The framework addresses characterisation, contracts, non-contractual obligations, procedural law, international conventions, renvoi, nationality, multiple legal systems and public policy. Article 21 adopts the lex fori principle for procedure, while Article 29 restricts application of foreign law contrary to UAE public order or morals.

Important authorities include Dubai Court of Cassation Appeal No. 501/2021 on the application of foreign law, Dubai Cassation Petition No. 156/2013 on international jurisdiction and foreign-award enforcement, Abu Dhabi Cassation Case No. 248/2022 on New York Convention enforcement, Dubai Cassation Case No. 592/2023 on an English judgment, and DIFC authorities such as DNB Bank ASA v Gulf Eyadah and Lural v Listran & Lokhan concerning foreign judgments.

33. Conclusion

UAE Private International Law provides a structured method for resolving civil disputes that cross national borders.

The basic methodology is:

Foreign element → characterisation → jurisdiction → applicable conflict rule → connecting factor → foreign-law proof → mandatory rules → public policy → recognition/enforcement.

The most important point is that UAE law is not automatically applicable merely because the case is heard in the UAE. A UAE court may apply foreign substantive law while using UAE procedural law.

At the same time, the application of foreign law is subject to important limitations, particularly international conventions, mandatory rules and UAE public policy.

Finally, the 2026 position must be distinguished from older case law: the 2025 Civil Transactions Law is now the governing mainland statutory framework, replacing the 1985 Civil Transactions Law from 1 June 2026. Historical cases remain useful for understanding judicial principles, but their continued relevance must be assessed against the new statutory wording.