Article I

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.
2. Assistance under
this Agreement shall
apply in:

a. service of summons
and
other judicial
documents or
processes;

b. the taking of
evidence by means of
Letters of Request or
commissions;

c. execution of
decrees, settlements
and arbitral awards.
3. This Agreement
shall
be without prejudice;
to any rights and
obligations of the
Parties pursuant to
other
treaties or
arrangements.

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.
CENTRAL
AUTHORITIES AND
AUTHENTICATION
OF DOCUMENTS

Article II

1. Requests for legal

assistance shall be
made through the
Central Authorities of
the
Contracting Parties.

2. 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.

3. 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.

4. 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.
SERVICE OF
SUMMONS,
JUDICIAL
DOCUMENTS AND
PAPERS

Article III

1. Summons and other

judicial documents in
the Contracting
Parties shall be
served:

i. in the case of India,

through the courts in
whose jurisdiction the
concerned persons
reside;

ii. in the case of the

United Arab Emirates,
through the Ministry of

Justice.

2. 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.

3. 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.
4. 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.

5. 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.

6.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.
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.

Article V

1. 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.

2.Service may not be

refused on the ;ground
that the request does
not show sufficient
legal grounds
supporting
the merits of the case.

3.Whenever the
service is not effected,
the
Requested Party ;shall
forthwith notify the
Requesting Party of
the reasons therefore.

Article VI

1. 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.

2.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.
Article VII

1.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.

2.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.
3.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.

TAKING OF
EVIDENCE

Article VIII
1. 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.

2. 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

proceedings; and
c. the
production,identificatio
n or examination of
documents,
records,

samples relevant to
the evidence
requested and
submitted by the
person
whose evidence is
taken under sub-paras
(a) & (b) above.

3. A Letter of Request
shall specify:
a. the judicial or other
competent authority
requesting the
evidence;

b. the nature of the

proceedings for which
the evidence is
required and all

necessary information
related thereto;

c. the names and

addresses of the
parties to the
proceedings;

d. the evidence to be
obtained; and

e. the names and

addresses of the
persons to be
examined.

4. 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.

5. The Letters of
Request shall indicate
whether the evidence
required is to be taken
on oath or affirmation.
Article IX
The judicial
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.
Article X

1.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.

2.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.

3.The Letters of
Request shall be
executed
as expeditiously as
possible.

4. 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.
5. When the Letter of
Request has been
executed, the
necessary documents
establishing its
execution shall be
sent to the
Requesting Party.

6. 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.

Article XI

The execution of a
Letter of Request may
be refused only to the
extent that;

a. The execution of
the
letter does not fall
within the functions of
the
judiciary; or

b. the Requested
State
considers that its
sovereignty or security
would be

prejudiced by its
execution.

2. 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.

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:

a. any expenses and

charges paid to the
;witnesses, experts or
interpreters;

b. any costs incurred

to
secure the attendance
of witnesses who have
not

appeared voluntarily;
and

c. any costs and

expenses occasioned
by the
use of a special
procedure on
request.

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;
represents.
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
that Party.

Article XV
1. 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.

2. 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.

3. This Agreement
shall not apply to
interim
or
provisional ;measures,
except matters relating
to taxation and
allowances.
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
matters.
Article XVII
The courts of the State
where immovable
property is situated
shall be competent to
determine the rights
connected
with such property.

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:

a. If the defendant has

his domicile or
residence
in the territory of that

State at the time of

institution of the suit

b. 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

c. 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

d. or in case of non-
contractual liability the
act is committed in the
territory of that State

e. 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

f. 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
this Agreement.
Article XIX

Subject to the
provisions of
this Agreement, the
courts of the State
requested to
recognise or execute a
decree shall, when
examining ;the ;groun
ds 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.
Article XX

A decree shall not be

recognised or
executed in the
following cases:

a. if it is not conclusive
and executable;

b. or it has not been

pronounced by a
Court of competent
jurisdiction;

c. or it has not been

given on
;the merits of the
cases;

d. 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

justice;

f. or it has been
obtained by fraud;

g. 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;

h. or it contravenes
the rules
concerning the legal
representation or
persons

suffering from lack of

capacity in the
Requested State;

i. or it is passed in
absentia
and the defaulting
party was
not duly summoned in

accordance with the

rules applicable in his
country;

j. 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.
Article XXI

Procedures relating to
recognition or
execution of a decree
shall be subject to the
laws of the Requested
State.

Article XXII
1. 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.

2. 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
own territory.

3. 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
serverable.
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:
a. an official copy of
the
decree.
b. a certificate
showing
that the decree is final
and executable,
unless that is

provided for in the

decree itself.

c. in case of a decree
in
absentia, an
authenticated copy of
the summons or any

other document
showing that the
defendant was duly
summoned.
d. if the request is only
for
execution of a decree,
an official copy in
properly

executable form.

Article XXIV

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.
ARBITRAL AWARDS

Article XXV

1. 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
that:
a. 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
relations.

b. 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.

2. 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
executable.

3. A certified copy of
the Agreement
between
the disputant Parties
empowering the
arbitrators to decide
the dispute shall also
be
produced.

RATIFICATION AND
TERMINATION

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
this Agreement.
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.
FOR
THE GOVERNMENT
OF
FOR THE
GOVERNMENT OF

THE REPUBLIC OF
INDIA

THE UNITED ARAB

EMIRATES