Recent Amendments to the UAE’s Extradition and Judicial Assistance Law

The United Arab Emirates has long positioned itself as a central hub for international commerce, arbitration, and cross-border dispute resolution. As the UAE’s role in global financial flows, multinational corporate activity, and international arbitration continues to expand, so too does the importance of an efficient, predictable, and rights-conscious framework for international judicial cooperation.

In this context, the enactment of Federal Decree-Law No. 38 of 2023, amending Federal Law No. 39 of 2006 on Mutual Judicial Cooperation in Criminal Matters, represents one of the most consequential reforms in the UAE’s extradition and judicial assistance regime in nearly two decades. These amendments substantially modernize the legal architecture governing extradition, surrender, judicial assistance, detention, and enforcement cooperation, while carefully preserving the UAE’s constitutional sovereignty and commitment to due process.

For arbitration practitioners, corporate counsel, compliance officers, and international litigators operating in or through Dubai, these reforms carry direct and indirect implications. The revised law strengthens procedural clarity, enhances cooperation with foreign judicial authorities, and recalibrates safeguards for individuals subject to extradition or judicial assistance requests—factors that increasingly intersect with arbitration, asset recovery, fraud investigations, sanctions compliance, and cross-border enforcement.

This article provides a comprehensive analysis of the recent amendments to the UAE’s Extradition and Judicial Assistance Law, with particular emphasis on their procedural mechanics, substantive safeguards, and practical implications for arbitration and international dispute resolution.

Legislative Context and Policy Objectives

Evolution of the UAE’s Judicial Cooperation Framework

Federal Law No. 39 of 2006 was originally enacted to provide the UAE with a unified statutory framework for extradition and mutual legal assistance in criminal matters. While functional for its time, the law predated many of the developments that now define the UAE’s legal ecosystem—most notably:

▪ The UAE’s rise as a global arbitration seat
▪ Increased foreign direct investment and cross-border financial activity
▪ Expanded international treaty obligations
▪ Heightened global focus on financial crime, corruption, and asset tracing

The 2023 amendments reflect a deliberate policy shift: from a relatively cautious, state-centric model of cooperation toward a structured, procedurally robust, and internationally aligned system, capable of engaging efficiently with foreign jurisdictions while retaining sovereign control.

Alignment with International Standards

Although the UAE is not a party to all multilateral extradition conventions, the amended law mirrors key principles found in international instruments such as:

▪ Dual criminality
▪ Specialty principle
▪ Proportionality
▪ Protection against political persecution
▪ Judicial oversight of detention

This alignment is particularly significant for arbitration-related disputes that evolve into criminal or quasi-criminal proceedings, such as fraud-based contract disputes, misappropriation of assets, bribery allegations, or enforcement-related prosecutions.

Implementing Procedures According to UAE Laws (Amended Article 5)

Primacy of UAE Domestic Law

The amendment to Article 5 clarifies a foundational principle: in the absence of specific procedural provisions within the extradition or judicial assistance framework, UAE domestic laws apply.

This provision resolves longstanding ambiguities regarding procedural gaps, ensuring that:

▪ UAE criminal procedure rules govern evidentiary handling
▪ Domestic safeguards apply to detention and judicial review
▪ UAE courts retain interpretive authority

From an arbitration perspective, this reinforces predictability. Parties involved in parallel arbitration and criminal proceedings can anticipate that procedural lacunae will not be filled arbitrarily or by foreign law but by established UAE legal norms.

Impact on Due Process

By anchoring cooperation procedures firmly within UAE law, Article 5 strengthens due-process protections for individuals and corporate actors alike, reducing the risk of procedural overreach in cross-border cases.

Requesting Surrender for Multiple Crimes (Amended Article 8)

Expanded Scope of Surrender Requests

The amendment to Article 8 introduces a critical modernization: surrender requests may now encompass multiple criminal offenses, provided that:

▪ Each offense is punishable under both UAE law and the requesting state’s law
▪ All statutory conditions for surrender are satisfied

This marks a departure from earlier interpretations that favored narrowly framed, offense-specific requests.

Practical Implications for Complex Disputes

In arbitration-adjacent matters—such as multi-jurisdictional fraud schemes, layered financial misconduct, or corporate governance failures—criminal exposure often arises from interconnected acts rather than a single offense. The revised Article 8 accommodates this reality by enabling holistic evaluation of surrender requests.

Safeguards Against Abuse

Importantly, the amendment does not dilute protections. Dual criminality, proportionality, and judicial scrutiny remain intact, preventing overbroad or politically motivated requests from proceeding unchecked.

Submission of Surrender Requests and Attachments (Amended Article 11)

Formalization of Diplomatic Channels

Under the amended Article 11, surrender requests must be submitted exclusively through diplomatic channels to the UAE’s Central Authority. This codifies a centralized, government-to-government process that enhances transparency and accountability.

Documentary Requirements

The amendment significantly elevates documentation standards, requiring:

▪ Detailed identification of the requested person
▪ A clear statement of facts
▪ Legal classification of the offenses
▪ Certified translations of all supporting documents

These requirements reduce ambiguity and procedural disputes at later stages.

Relevance to Arbitration Practitioners

For arbitration counsel dealing with parallel criminal proceedings abroad, Article 11 underscores the importance of evidentiary precision. Poorly drafted or inadequately supported requests are now far more likely to be rejected at the administrative review stage.

Reviewing Surrender Requests (Amended Article 12)

Expanded Authority of the Central Authority

The amended Article 12 empowers the UAE Central Authority to conduct substantive reviews of surrender requests, including the authority to:

▪ Seek clarifications or supplementary materials
▪ Reject requests that fail to meet statutory criteria

This gatekeeping function introduces an additional layer of procedural discipline before judicial involvement.

Reduction of Frivolous or Defective Requests

From a risk-management perspective, this amendment protects individuals and companies from being subjected to prolonged detention or litigation based on incomplete or defective foreign requests.

---

Detention and Arrest of the Requested Person (Amended Articles 15 and 16)

Detention Upon Foreign Warrants (Article 15)

Amended Article 15 permits detention of a requested person for up to 60 days upon receipt of a valid foreign arrest warrant. During this period:

▪ The person may be released subject to guarantees
▪ Re-arrest remains permissible if conditions are violated

This balances efficiency with proportionality.

Immediate Arrest to Prevent Flight (Article 16)

Article 16 authorizes immediate arrest upon receipt of a surrender request when there is a risk of absconding. Crucially, it also provides for conditional release, reinforcing judicial oversight.

Arbitration-Related Considerations

These provisions are particularly relevant in high-value commercial disputes where executives, shareholders, or beneficial owners may be simultaneously involved in arbitration and criminal proceedings.

Release and Appeal of Surrender Decisions (Amended Articles 21 and 22)

Declaration of Impossibility of Surrender (Article 21)

Where surrender is deemed legally impossible, Article 21 mandates the immediate release of the requested person. This decision is subject to appeal by the Public Prosecution, preserving institutional checks and balances.

Appellate Safeguards (Article 22)

Article 22 reinforces the appellate framework, ensuring that surrender decisions are not final without the opportunity for judicial review.

These provisions enhance confidence in the UAE’s extradition system, particularly among foreign investors and arbitration users concerned with legal certainty.

Procedures and Arrest in Extradition Cases (Amended Articles 33 and 34)

Comprehensive Extradition Requests (Article 33)

Article 33 now requires extradition requests to include:

▪ Detailed factual narratives
▪ Precise legal characterization of offenses
▪ Certified translations
▪ Diplomatic transmission

This mirrors best practices in leading extradition jurisdictions.

Temporary Detention in Urgent Cases (Article 34)

Article 34 allows temporary detention in urgent cases pending completion of documentation, preventing suspects from exploiting procedural delays.

Strengthened Grounds for Rejecting Judicial Assistance Requests (Amended Article 53)

Expanded Rejection Criteria

Amended Article 53 codifies robust grounds for refusal, including:

▪ Lack of dual criminality
▪ Threats to UAE sovereignty or security
▪ Political or discriminatory motives
▪ Ongoing or concluded UAE proceedings
▪ Incompatibility with UAE public order

Protection of Arbitration Integrity

These safeguards are particularly relevant where criminal processes are used strategically to pressure parties in commercial or arbitration disputes.

Revenue-Sharing and Judicial Assistance Procedures (Amended Article 58)

Institutionalized Revenue-Sharing Mechanism

Article 58 introduces a formal committee-based review for sharing proceeds of crime with foreign authorities. This enhances transparency and governance in asset recovery cases.

Implications for Asset Tracing and Enforcement

For arbitration awards involving fraud-derived assets, this mechanism facilitates cooperation without compromising UAE regulatory oversight.

Enhanced Procedures for Judicial Assistance Requests (Amended Article 59)

Centralized Outbound Requests

Amended Article 59 requires UAE authorities to route judicial assistance requests through the Central Authority and diplomatic channels, ensuring consistency and compliance.

This reciprocal discipline strengthens the UAE’s credibility as a reliable cooperation partner.

Notification of Enforcing State and Medical Releases (Amended Articles 71 and 76)

Transparency in Enforcement Developments (Article 71)

Article 71 obligates the Public Prosecution to notify enforcing states of:

▪ Amnesties
▪ Sentence modifications
▪ Enforcement-affecting decisions

Medical Release Notifications (Article 76)

Article 76 mandates notification of medical releases, preventing enforcement gaps and reinforcing inter-state trust.

---

Arbitration-Specific Implications of the Amendments

Intersection of Criminal Cooperation and Arbitration

While the law governs criminal matters, its impact on arbitration is substantial. Allegations of fraud, corruption, or asset dissipation frequently arise in arbitral contexts, leading to parallel proceedings.

Enhanced Predictability for Arbitration Users

The amended law reduces uncertainty by:

▪ Clarifying detention thresholds
▪ Standardizing documentation
▪ Strengthening judicial review

This predictability reinforces Dubai’s attractiveness as an arbitration seat.

Strategic Considerations for Corporations and Counsel

Corporate entities operating in Dubai should reassess:

▪ Compliance frameworks
▪ Cross-border risk exposure
▪ Executive mobility strategies
▪ Parallel proceedings management

Early engagement with UAE-qualified counsel is essential when judicial cooperation risks arise.

The enactment of Federal Decree-Law No. 38 of 2023 marks a decisive evolution in the UAE’s approach to extradition and mutual judicial assistance. The amendments modernize procedural mechanics, reinforce due-process safeguards, and align the UAE’s framework with global best practices—without compromising sovereignty or legal autonomy.

For arbitration practitioners and international businesses, these reforms deliver enhanced clarity, predictability, and confidence in the UAE’s legal environment. As Dubai continues to consolidate its position as a global dispute-resolution hub, the strengthened extradition and judicial assistance regime stands as a critical pillar supporting the rule of law, international cooperation, and the integrity of cross-border arbitration.