Guarantors in the UAE: Must the Creditor Pursue the Debtor First?

The new Civil Transactions Law provides safeguards concerning recourse against a guarantor alone and enforcement against the guarantor’s assets before exhaustion of the debtor’s assets. Solidarity and any applicable statutory or contractual exceptions must be examined.

Review the guarantee, the underlying debt, notices, payment history and enforcement position. The guarantor must invoke the relevant safeguards before the court; they should not be assumed to operate automatically in every dispute.

Distinguish an ordinary personal guarantee from an independent bank guarantee and check any commercial or special rules. The wording and type of obligation can materially affect the available defence.

Federal Decree-Law No. 25 of 2025 entered into force on 1 June 2026. Check the dates, applicable special legislation and temporal rules for the particular case.