Debt Travel Ban in Dubai: Legal Insights under Article 324 of the UAE Civil Procedure Law

legal insights about travel ban procedures

Article 324 of the UAE Civil Procedure Law: Travel Bans on Debtors

In Dubai and across the UAE, creditors often fear that a debtor may abscond before settling their obligations. To address this concern, Article 324 of Federal Decree-Law No. 42 of 2022 on the Civil Procedure Law provides a legal framework that allows creditors to request a travel ban against a debtor, under certain strict conditions.

This provision seeks to balance the creditor’s right to secure repayment with the debtor’s right to freedom of movement, ensuring fairness in debt enforcement proceedings.

When Can a Travel Ban Be Requested?

A creditor may request a travel ban against the debtor even before filing a substantive lawsuit, provided that:

• The debt is at least AED 10,000, unless it relates to:

  • Court-ordered alimony.

  • Wages or employment dues.

  • An obligation to perform or refrain from performing an act.

The creditor must show serious grounds suggesting the debtor may flee the country without paying

Conditions for Imposing a Travel Ban

• Debt Must Be Due and Certain

  • The debt must be liquidated and payable (i.e., specific and currently due).

• Unliquidated Debts – Temporary Judicial Assessment

  • If the debt is not yet certain in amount, the judge can make a provisional assessment of its value, provided that two conditions are met:

    - The claim is supported by a written instrument.

  • - The creditor provides a court-accepted guarantee to cover any damages suffered by the debtor if the claim later proves unfounded

Judicial Powers and Procedures

• The judge may conduct a summary investigation if documents alone are insufficient.

• The judge may order the deposit of the debtor’s passport in court custody.

• If a travel ban is granted, it will be circulated across all UAE exit points to prevent escape

  
  

Right to Appeal or Object

• A debtor subject to a travel ban or a creditor whose request was rejected may file a grievance under the procedures applicable to orders on petitions.

• If the order was issued by the enforcement judge, appeals must follow the specific rules under Article 209(1) of the Civil Procedure Law.

Interaction with Deportation Orders

A travel ban order does not override final deportation judgments or administrative deportation orders.

• In such cases, the matter is referred to a judicial committee chaired by a judge, appointed by the UAE Cabinet, to determine whether the travel ban or deportation order should prevail.

Humanitarian Exceptions

The law permits temporary suspension of the travel ban for humanitarian reasons, such as:

• If the debtor, their spouse, parent, or child requires urgent medical treatment abroad.

• A medical certificate from an official authority must confirm that treatment is not available in the UAE.

• The travel ban remains in effect but conditional travel permission may be granted

Conclusion: Balancing Security and Rights

Article 324 of the UAE Civil Procedure Law ensures that creditors are protected from debtors fleeing the country, while also safeguarding the debtor’s rights through judicial oversight, guarantees, and humanitarian exceptions.

This mechanism demonstrates the UAE’s commitment to a fair, efficient, and balanced justice system, where debt enforcement is strict but never arbitrary