size="3"> THE REPUBLIC OF INDIA
THE REPUBLIC OF INDIA
size="3"> THE UNITED ARAB EMIRATES
AND JUDICIAL COOPERATION IN CIVIL AND COMMERCIAL MATTERS FOR THE SERVICE OF SUMMONS,
JUDICIAL DOCUMENTS, COMMISSIONS, EXECUTION OF JUDGEMENTS AND ARBITRAL AWARDS.
lang="EN-GB"> The Government
of the Republic of India and the Government of the United Arab Emirates, hereinafter
referred to as the Contracting Parties;
lang="EN-GB"> Being desirous of
strengthening the bonds of friendship between the two countries and promoting fruitful
cooperation in the judicial and legal spheres;
Recognising the need to facilitate the widest measure of legal assistance in civil and
lang="EN-GB"> HAVE AGREED as follows:
lang="EN-GB"> SCOPE OF APPLICATION
size="3"> Article I
lang="EN-GB"> 1. The Contracting
Parties shall grant each other under this Agreement the widest measure of mutual legal
assistance in civil and commercial matters in accordance with their national laws.
Assistance under this Agreement shall apply in:
service of summons and
other judicial documents or processes;
the taking of evidence
by means of Letters of Request or commissions;
execution of decrees,
settlements and arbitral awards.
lang="EN-GB"> 3. This Agreement shall
be without prejudice; to any rights and obligations of the Parties pursuant to other
treaties or arrangements.
lang="EN-GB"> 4. This Agreement shall
apply to any requests for mutual legal assistance relating to any civil or commercial
matter arising either prior to or after its entry into force.
lang="EN-GB"> CENTRAL AUTHORITIES AND AUTHENTICATION OF DOCUMENTS
size="3"> Article II
Requests for legal assistance shall be made through the Central Authorities of the
In the Republic of India the Central
Authority is the Ministry of Law, Justice & Company Affairs. In the United Arab
Emirates the Central Authority is the Ministry of Justice.
Unless otherwise stated all the documents
in connection with the legal assistance shall be officially signed by the Court under its
seal which shall be authenticated by the Central Authority of the Requesting Party.
All requests and supporting documents
shall be furnished in duplicate and shall be accompanied by a translation into one of the
official languages of the Requested Party.
OF SUMMONS, JUDICIAL DOCUMENTS AND PAPERS
size="3"> Article III
Summons and other
judicial documents in the Contracting Parties shall be served:
in the case of India, through the courts in
whose jurisdiction the
face="Book Antiqua" size="3">concerned persons reside;
in the case of the United Arab Emirates,
through the Ministry of
face="Book Antiqua" size="3">Justice.
The service of summons and other judicial
documents shall be effected in accordance with the procedure provided for in the laws of
the Requested State, or by a particular method desired by the Requesting State, unless
such a method is incompatible with the law of the Requested State.
The summons and other judicial documents
served in pursuance of this Agreement shall be deemed to have been served in the territory
of the Requesting State.
The provisions of paragraph 1 of this
Article shall not preclude the right of the Contracting Parties to effect such service,
through its diplomatic or consular representatives, of summons and other judicial
documents on its nationals residing in the territory of the other Contracting Party
without application of any compulsion. Service in such cases shall entail no
responsibility for the State of accreditation.
Subject to the
provisions of paragraph 2 of this Article, summons and other judicial documents may be
served directly through postal channels or by delivery to an addressee who accepts it
voluntarily without application of any compulsion.
Any claim about the addressee being a
national of the State in whose jurisdiction the service is to be effected shall be
determined in accordance with the law of the State.
lang="EN-GB"> Article IV
The request for the
service of summons and other ;judicial documents shall furnish all particulars concerning
the name and title, place of residence or ;business of the addressee and a list of
documents and papers to be served on that person. Where any special mode of service is
desired, this should also be indicated in the request.
lang="EN-GB"> Article V
A request for the service of summons and
other judicial documents, which is in conformity with the provisions of this Agreement,
may not be refused, unless the Requested Party considers that compliance with the request
would infringe its sovereignty, security or public policy.
Service may not be
refused on the ;ground that the request does not show sufficient legal grounds supporting
the merits of the case.
Whenever the service is not effected, the
Requested Party ;shall forthwith notify the Requesting Party of the reasons therefore.
lang="EN-GB"> Article VI
The competent authority in the State
requested shall serve the said documents and papers in accordance with the laws and rules
applicable in this regard. No fees and costs may be levied for effecting such service.
Service may be effected
in a special mode or manner specified by the Requesting Party, provided that it does not
contravene the laws of the Requested State and further subject to the payment of costs of
such special mode of service.
lang="EN-GB"> Article VII
The powers of the competent authority in
the Requested Party shall be limited to the delivery of the judicial documents and papers
to the addressee.
Delivery shall be
proved either by the signature of the addressee on the copy of the judicial document or
paper, or by a certificate issued by the competent authority stating the name of the
addressee, the date and mode of delivery, and where such delivery could not be effected,
the reasons for such non-delivery.
a copy of the judicial documents or paper
signed by the addressee or a certificate proving delivery shall be sent to the requesting
authority through the Central Authority.
size="3"> Article VIII
The judicial authorities of a Contracting
Party may in accordance with the provisions of the law of that Party, request for the
taking of evidence in civil and commercial matters by means of Letters of Request
addressed to the competent judicial authorities of the other Party.
For the purpose of this Agreement, taking
of evidence shall be deemed to cover:
a. the taking of the
statements, on oath or otherwise, of a witness;
b. the submission of
oath to a witness, with regard to any legal
face="Book Antiqua" size="3"> proceedings; and
identification or examination of documents, records,
lang="EN-GB"> samples relevant to the evidence requested and submitted by the person
whose evidence is taken under sub-paras (a) & (b) above.
A Letter of Request shall specify:
the judicial or other
competent authority requesting the evidence;
the nature of the
proceedings for which the evidence is required and all
face="Book Antiqua" size="3"> necessary information
the names and addresses
of the parties to the proceedings;
the evidence to be
the names and addresses
of the persons to be examined.
Where deemed necessary, the Letters of
Request shall be accompanied by a list of interrogatories to be put to the witnesses or
other persons involved or a statement of the subject matter about which they are to be
examined and the documents relevant to such evidence or statement.
The Letters of Request shall indicate
whether the evidence required is to be taken on oath or affirmation.
lang="EN-GB"> Article IX
proceedings performed by way of a Commission in pursuance of the provisions of this
Agreement, shall have the same legal effect as if it is performed by a competent
authority in the Requesting State.
lang="EN-GB"> Article X
The competent authorities of the
Requested Party shall execute the Letters of Request in accordance with the provisions of
its own laws and obtain the evidence required by applying the same methods and procedures
as are permissible under its laws, including the same appropriate methods of compulsion.
The Requested Party shall follow any
special method or procedure which has been expressly specified by the Letter of Request
insofar as it is not incompatible with its laws and practices.
The Letters of Request shall be executed
as expeditiously as possible.
The Requesting Party shall, if it so
desires, be informed of the time when, and the place where, the proceedings will take
place, in order that the parties concerned, and their representative, if any, may be
present. This information shall be sent directly to the parties or their representatives
when the Requesting Party so request.
When the Letter of Request has been
executed, the necessary documents establishing its execution shall be sent to the
In every instance where the Letter of
Request is not executed in whole or in part, the Requesting Party shall be informed
immediately and advised of the reasons.
lang="EN-GB"> Article XI
The execution of a
Letter of Request may be refused only to the extent that;
The execution of the
letter does not fall within the functions of the
face="Book Antiqua" size="3"> judiciary; or
the Requested State
considers that its sovereignty or security would be
face="Book Antiqua" size="3"> prejudiced by its
Execution may not be
refused solely on the ground that under its internal law the Requested Party claims
exclusive jurisdiction over the subject matter of the action or that its internal law
would not admit a right of action on it.
lang="EN-GB"> Article XII
The execution of Letters of Request and the taking of evidence by the Requested Party
shall not give rise to any reimbursement of charges, expenses or costs, under whatever
description by the Requesting Party. However, the Requested Party shall have the right to
seek reimbursement of:
any expenses and charges paid to the
;witnesses, experts or
face="Book Antiqua" size="3">interpreters;
any costs incurred to secure the attendance of
witnesses who have not
face="Book Antiqua" size="3">appeared voluntarily; and
any costs and expenses occasioned by the
use of a special procedure on
face="Book Antiqua" size="3">request.
lang="EN-GB"> Article XIII
A diplomatic officer or
Consular Agent of either Contracting Party may, in the territory of the other Party, take
the evidence, without compulsion of nationals of the Party which he represents, in aid of
judicial proceedings commenced in the courts of the Contracting Party which he;
lang="EN-GB"> Article XIV
A person duly appointed
as a Commissioner by the courts of either Contracting Party may, without compulsion, take
evidence in the territory of the other Contracting Party, in accordance with the laws of
lang="EN-GB"> Article XV
Each of the Contracting Parties shall, in
accordance with its laws, recognise and/or execute decrees passed by the Courts of the
other Contracting Party in civil, commercial and personal matters and by criminal courts
in civil matters.
The term Decree as used in
this Agreement, whatever its designation, means any decision rendered in judicial
proceedings by a competent court of the Contracting States.
This Agreement shall not apply to interim
or provisional ;measures, except matters relating to taxation and allowances.
lang="EN-GB"> Article XVI
In disputes involving
the question of capacity or status of a person, the courts of the State of which that
person is a national at the time of institution of the suit shall be competent in those
lang="EN-GB"> Article XVII
The courts of the State
where immovable property is situated shall be competent to determine the rights connected
with such property.
lang="EN-GB"> Article XVIII
In matters other than
capacity or status of a person or immovable property, the courts of a Contracting Party
shall have jurisdiction in the following cases:
If the defendant has his domicile or residence
in the territory of that
face="Book Antiqua" size="3">State at the time of institution of the
or the defendant has at the time of institution
of the suit, a place or a branch of
commercial or industrial nature or works for gain in the territory of that state, and
the suit relates to such activity
or by an express or implied agreement
between the plaintiff and the defendant,
the contractual obligations giving rise to the litigation are or have to be
performed in the territory of that State
or in case of non-contractual liability
the act is committed in the territory of that
or the defendant expressly or
impliedly submitted to the jurisdiction of the
courts of that State, and the law of that State allows such submission
or any application for
provisional measures, if the courts of such State are
deemed competent to hear the principal dispute, by virtue of; the provisions of
Subject to the
provisions of this Agreement, the courts of the State requested to recognise or execute a
decree shall, when examining ;the ;grounds of jurisdiction exercised by the Courts of the
other contracting State, be bound by the facts stated in that decree and on which
jurisdiction is based, unless the said decree had been passed in absentia.
lang="EN-GB"> Article XX
A decree shall not be
recognised or executed in the following cases:
if it is not conclusive
or it has not been pronounced
by a Court of competent jurisdiction;
or it has not been
given on ;the merits of the cases;
or it appears on the face of
the proceedings to be founded on an incorrect view
of international law or a refusal to recognise the law of the Requested Party in
cases in which such law is applicable.
e. or the proceedings in
which the judgement was obtained are opposed to natural
or it has been obtained
or it sustains a claim founded on a
breach of any law in force, or is contrary to
the constitutional rules or the principles of public order in the Requested State;
or it contravenes the rules
concerning the legal representation or persons
suffering from lack of capacity in the Requested State;
or it is passed in absentia
and the defaulting party was not duly summoned in
accordance with the rules applicable in his country;
or the dispute in which
the decree was passed is pending in a suit before one of
the courts in the Requested State, between the same parties and involving the
same cause of action, and that suit was raised before one of the courts of the
latter State, at a date prior to the raising of that dispute in the court of the State
which passed the decree, and provided that the court before which the suit was
raised, is competent to here and decide upon it.
lang="EN-GB"> Article XXI
Procedures relating to
recognition or execution of a decree shall be subject to the laws of the Requested State.
lang="EN-GB"> Article XXII
The competent judicial authority in the
State requested to recognise or execute a decree shall, without reviewing the merits of
the case, confine itself to ascertaining the compliance of the decree with the conditions
provided for in this Agreement.
The competent judicial authority in the
Requested State shall, when necessary, in executing the decree, take the necessary action
to notify the decree in the same manner as it would have done had it been passed in its
The order for execution may be made for
the whole or part of the decree, if the execution of such part of the decree is
lang="EN-GB"> Article XXIII
The Central Authority
of the Contracting Party requesting recognition or execution of a decree in the other
Contracting Party, shall submit the following:
an official copy of the
a certificate showing
that the decree is final and executable, unless that is
provided for in the decree itself.
in case of a decree in
absentia, an authenticated copy of the summons or any
other document showing that the defendant was duly summoned.
if the request is only for
execution of a decree, an official copy in properly
face="Book Antiqua" size="3"> Article XXIV
face="Book Antiqua" size="3"> 1.
The settlement of a claim which is made
and filed before a judicial authority of either Contracting Party competent to consider
the claim according to its national law shall be recognised and enforced in the territory
of the other Contracting Party, after ascertaining that it is executable in the State in
which it was concluded, and that it does not contain any provisions contravening the
constitutional rules or public policy of the Requested State.
2. The party requesting recognition
or execution of a settlement must submit an
official copy and a certificate from the judicial authority stating the extent, if any,
to which the decree has been satisfied or adjusted.
lang="EN-GB"> ARBITRAL AWARDS
size="3"> Article XXV
Without prejudice to
the provisions of Article XXIV and XXVI of this agreement, arbitral awards given in the
territory of either Party shall be recognised and enforced in the other Party provided
the award of
arbitrators is based on a written agreement of the parties to the dispute to submit to
arbitrators for determination of any specific or future dispute arising out of legal
the award is made on
matters arbitrable according to the law of the State requested to recognise
its enforcement unless it is contrary to the public policy of the Requested State.
The party requesting the recognition and
enforcement of an award, shall produce a copy of the award accompanied by a certificate of
the competent judicial authority in the Requesting State to the effect that the award is
A certified copy of the Agreement between
the disputant Parties empowering the arbitrators to decide the dispute shall also be
lang="EN-GB"> RATIFICATION AND TERMINATION
size="3"> Article XXVI
This Agreement is
subject to ratification and the instruments of ratification shall be exchanged as soon as
possible. It shall come into force on the date of exchange of instruments of ratification.
Either of the
Contracting Parties may terminate this Agreement by giving six months notice thereof
through diplomatic channels. Upon the expiry of such notice, the Agreement shall cease to
have any force or effect.
In witness whereof, the
undersigned, being duly authorised thereto by their respective governments, have signed
Done at New Delhi on
the 25th October, 1999 in two originals each in Hindi, Arabic and English
languages, each text being equally authentic. However, in case of difference, the
English text shall prevail.
THE GOVERNMENT OF
FOR THE GOVERNMENT OF
THE REPUBLIC OF INDIA
THE UNITED ARAB EMIRATES