Application of Foreign Law in Dubai Courts: What Businesses and Individuals Should Know

Dubai is an international hub, attracting people and businesses from across the globe. Naturally, disputes sometimes involve contracts, agreements, or relationships governed by foreign laws. This raises a crucial question: Can foreign law be applied in Dubai courts? Understanding how this works is essential for both businesses and individuals operating in the UAE.

When Foreign Law May Apply

Dubai courts generally apply UAE law. However, in certain circumstances, foreign law may be considered, particularly in cases involving:

Commercial Contracts – When parties have explicitly chosen foreign law to govern their agreements.
Family Law Matters – Expatriates may request the application of their home country’s laws in divorce, inheritance, or custody disputes, provided the request complies with local procedures.
International Business Transactions – Cross-border dealings often involve contracts with foreign governing law clauses.

That said, Dubai courts will only apply foreign law if it does not conflict with UAE public order, morals, or mandatory provisions of local legislation.

Challenges in Applying Foreign Law

While the law allows it, there are practical challenges:

Burden of Proof – The party invoking foreign law must prove its content, meaning they may need to submit certified translations, expert reports, or legal opinions from qualified professionals.
Court Discretion – If the foreign law is not adequately proven, the court may default to applying UAE law.
Public Policy Limits – Even when proven, if foreign law contradicts UAE’s public order or Islamic principles, it will not be enforced.

Why This Matters for Businesses and Individuals

For businesses, the choice of governing law in contracts can significantly impact dispute resolution, financial liabilities, and enforcement of judgments. For individuals, especially expatriates, applying foreign law in family disputes may lead to outcomes more consistent with their cultural or legal expectations. Knowing when and how foreign law can apply ensures better planning and fewer surprises in court.

How TLG: The Legal Group Supports Clients

Successfully applying foreign law in Dubai courts requires in-depth legal expertise and strategic representation. Saif Al Shamsi, founder of TLG: The Legal Group, assists clients by:

Advising businesses on drafting contracts with enforceable governing law clauses.
Assisting expatriates in requesting the application of their home country’s laws in family matters.
Preparing and submitting certified foreign law documentation to courts.
Representing clients in disputes to ensure their rights are protected under both UAE and foreign legal frameworks.
Bridging the gap between local procedures and international laws with clear, practical guidance.

With this tailored approach, TLG helps businesses and individuals navigate one of the most complex aspects of Dubai’s legal system.

Conclusion

The application of foreign law in Dubai courts is possible, but it is not automatic. It requires proof, proper documentation, and alignment with UAE public policy. For businesses and individuals alike, understanding these conditions is critical to safeguarding interests and ensuring favorable outcomes. Careful legal planning and expert representation can make the difference between a smooth process and an unexpected setback.