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Ratification and Execution Process of Arbitration Award in UAE

Dubai Arbitration Lawyers UAE | Ratify Arbitration Award in UAE

Arbitral Awards in UAE sets out two stages: Ratification and Execution. This means that Arbitral Award must first be ratified so that it will subsequently enforce in the same way as court judgements issued by UAE courts. However, recent changes to arbitration in UAE have been introduced to pave way of simplifying the process of ratification and enforcement of the Awards govern by UAE laws.

Federal Law No. 6 of 2018 (the “New Arbitration Law”) governs the conduct of arbitration proceeding and the enforcement of arbitration awards in UAE. Under this law, it differentiates domestic and international arbitrations and the distinction between these has an impact on the process and procedure for the execution of the arbitral award.

The provisions of the Arbitration Law shall apply to:

  • Arbitration conducted inside UAE unless parties agreed in writing to abide to the provisions of another arbitration law and provided further that it will not be contrary to public policy and morals.
  • International Commercial Arbitration conducted abroad wherein the parties agreed in writing that UAE Arbitration Law will govern.
  • Arbitration cases and disputes governed by the UAE law, except otherwise expressly excluded by special provisions

Under this new law, the enforcing party may now apply for recognition and enforcement of arbitral awards in UAE. Summary of the process involved are as follows:

  • Enforcing party shall submit application to the Chief of the Court of Appeals in the Emirate wherein the award is sought to be recognized and enforced. The application must be accompanied by the following documents: original Arbitral Award or certified true copy; copy of the Arbitration Agreement signed by the parties; Certified Arabic translation of the award and copy of the transcript of filing the award with the Court of Appeals.
  • The Court of Appeal is mandated to order recognition and enforcement of the arbitral award within 60 days from the receipt of the application, unless otherwise reasons to nullify the award exist based on the provisions of Article 53.1 of the Arbitration Law. Petition to review the court’s decision on the enforcement of the Award can be filed with the Court of appeal within 30 days.

It is important to note that the new law, however, is not intended to apply to foreign arbitral award therefore it does not affect the enforcement of foreign awards in the UAE. Under Civil Procedure Code, enforcing party to a foreign award in UAE must file a substantive case in the local courts of first instance and the decision of the court of First Instance will be subject to two level: Court of Appeal and Court of Cassation.

arbitrator in dubai

Appointing an Arbitrator

Appointing Arbitrator in Dubai | How An Arbitrator Is Appointed in UAE

Arbitration is an alternate independent body to resolve a dispute as an alternative to the court system.

When drawing up a contract, you can specify that in the event of a dispute, arbitration will be the jurisdiction to resolve it. Although it is possible to select more than one arbitrator to hear a case, the default number of arbitrators will be set to unless specified to the contrary. If the parties in a dispute are not able to agree on who the arbitrator will be, the arbitration center will select from qualified Dubai lawyers independently. It is possible to appeal that decision if either party has a valid cause to do so. It is also possible to appeal against the selected arbitrator if they are, for example, not independent, impartial or correctly qualified. Any such challenge needs to be made within 5 days of discovering any problem or discrepancy.

Some of the ways to appoint an arbitrator are as follows:

a- Through the court,
b- Through the Arbitration center
c- By specific request by name

It is mandatory to appoint the selected arbitrators in odd numbers 1, 3, 5, 7, 9. Under the Civil Procedure Code, Federal Law No. 11 of 1992, Article 206, ensure there can be no ‘stalemate’ in the matter. It goes without saying that any arbitrator appointed should be of sufficient capacity and good standing hence:

a- The arbitrators should not be a minor
b- He/she should not be guilty of a criminal offence
c- They should not be deprived of their legal capacity

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