Papel Payment Services Provider LLC against Monitox LTD (Court of Session) [2026] CSIH 7 (06 February 2026)

Papel Payment Services Provider LLC against Monitox LTD (Court of Session) [2026] CSIH 7 (06 February 2026)

Monitox was given sufficient notice of the proceedings and the payment order in a manner that afforded an opportunity to present its case, considering the parties' contractual submission to UAE law and Dubai courts, the English translation of the pre-application notice, and the ability to seek translation or legal advice. The absence of an English translation of the right to appeal did not, in the circumstances, amount to a breach of natural justice. Accordingly, the Emirati judgment is recognised and enforced.

Citation
[2026] CSIH 7
Parties
Pursuer and Reclaimer: Papel Payment Services Provider LLC; Defender and Respondent: Monitox Limited
Jurisdiction
Scotland
Judgment Date
06 February 2026
Procedural Posture
Commercial Action (reclaiming Motion/appeal) / Appeal (reclaiming Motion) From Commercial Judge's Dismissal
Outcome
reclaiming motion allowed; commercial judge's interlocutor recalled; decree granted for sums due with interest; expenses reserved
Legal Topics
Recognition and Enforcement of Foreign Judgments, Natural Justice, Service of Process, Translation of Legal Documents, Contractual Jurisdiction Clauses
Private International Law Commercial Law Civil Procedure Recognition and Enforcement of Foreign Judgments Natural Justice Service of Process Translation of Legal Documents Contractual Jurisdiction Clauses

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Parties

Papel Payment Services Provider LLC

Pursuer and Reclaimer

Monitox Limited

Defender and Respondent

Procedural Posture

Commercial Action (reclaiming Motion/appeal) / Appeal (reclaiming Motion) From Commercial Judge's Dismissal

Legal Issues

  1. 1 Whether the Emirati payment order judgment should be recognised and enforced in Scotland
  2. 2 Whether the manner of notification to Monitox breached principles of natural justice under Scottish law

Ratio Decidendi

Monitox was given sufficient notice of the proceedings and the payment order in a manner that afforded an opportunity to present its case, considering the parties' contractual submission to UAE law and Dubai courts, the English translation of the pre-application notice, and the ability to seek translation or legal advice. The absence of an English translation of the right to appeal did not, in the circumstances, amount to a breach of natural justice. Accordingly, the Emirati judgment is recognised and enforced.

Court Disposition

reclaiming motion allowed; commercial judge's interlocutor recalled; decree granted for sums due with interest; expenses reserved

Orders

  • Monitox Limited to pay Papel Payment Services Provider LLC $130,725 and £26,874.89 with interest as found due by the Dubai court
  • Recall of the commercial judge's interlocutor of 1 May 2025