Acquiring an arbitral award is not the finish of the highway to redress. Execution or recognition is the subsequent section, and this phase can be sophisticated and prodigious in particular if enforcement is intended to be beyond the jurisdiction from in which the award was attained. Implementation of international arbitral awards in UAE challenging, especially in scenarios the place the award debtor tries to evade from his obligations. Arbitration Legal professionals of Dubai invariably advise their clientele or award creditor to formulate techniques for enforcement of the award.

An automated acknowledgement is offered to the applicability of the New York Convention on Recognition and enforcement of International Arbitral Awards (NYC), in circumstance of applying international arbitral awards. UAE is a signatory to New York Convention due to the fact 2006 and posts acceding the treaty, UAE courts have customized their technique toward enforcement. In a nutshell, UAE just after signing the treaty have also implemented overseas awards which whilst won’t meet up with the prerequisites of the Civil Method Code but comply with New York Convention.


Article 5 of the BYC states that “a overseas arbitral award will be recognized and enforced in any country signatory to NYC, publish the software to the proficient court by the bash to the award, and the opposing celebration fails to satisfy the courtroom orders in the following fashion:

New York Conference has incited essential discussions whilst altering the UAE courts protocol in the direction of imposing arbitral awards in particular in the absence of concrete legislation explicitly implementing the clauses of NYC in UAE legislation. A development favouring NYC can be witnessed by way of numerous court’s conclusions issued in accordance with NYC concepts.

Fujairah Court of Initially Instance in Scenario Variety 35 of 2010 passed a conclusion for the enforcement of foreign arbitral award pursuant to the NYC. The involved judgment the to start with of its form and explicitly recognized the treaties or conventions signed by UAE. The judgment struck down numerous customarily utilized ideas for imposing an arbitral and set an case in point for further circumstances.

A robust impact was developed by Macsteel International vs Airmech judgment of the Dubai Courtroom of Cassation in 2012, which resolved to not implement the provisions of Civil Technique Law while implementing the international arbitral awards. So, software of NYC was imposed. Even so, a dissenting see was noticed in CCI vs Ministry of Irrigation of the Democratic Republic of the Sudan in which Dubai Court of Cassation opined that the enforcement of an award can be refused attained in NYC signatory nations around the world owing to absence of a place of residence or if the courts lack the jurisdiction to entertain the subject.

In 2014 Reyami vs BTI Court of Cassation conclusion regarding ratification of an award issued in Germany, stated that UAE had issued a regulation ratifying the NYC and hence, the provisions of NYC really should be applied though enforcement of arbitration awards.

On the contrary to the foregoing, the enforcement of awards from nations which are not signatory to NYC. In such conditions, a bilateral treaty in between UAE and the anxious place is a prospective route for imposing the award. UAE has signed a lot of bilateral treaties with countries these types of as Egypt, Syria, Jordan, Riyadh, France and GCC.

New Arbitration Legislation

Federal Law Range 6 of 2018 regarding Arbitration Legislation governs arbitration in UAE. On the other hand, the regulation is silent on processes with regards to enforcement of overseas arbitral awards in UAE. We even now stand inert in determining the legal guidelines which will be applicable in recognizing the overseas awards and how. In reference to Posting 3 of the New York Conference, the contracting events or states really should not impose any rigorous preconditions on the recognition and enforcement of awards compared to the disorders of enforcing domestic awards. We imagine that the provisions of the New Law will be relevant to the international awards. However, we wait for this sort of a precedent. Pursuant to Posting 55 of the new Legislation and Article 4 of the New York Convention, the party in search of for enforcement of foreign award shall submit a ask for fulfilling the conditions outlined in the foregoing provisions.

While, any bash wanting to problem the enforcement of a overseas award can file their defence claim in the qualified court ratifying the award pursuant to Write-up 55 of the Regulation. The new Regulation does not allow for get-togethers to file a ask for to set aside the award in accordance with Post 53 of the new Regulation, as UAE courts absence jurisdiction to set aside a certain award.


Pursuing some underlying hesitance, there is a beneficial sample developing for the UAE courts to perceive the supremacy of the New York Convention, and implement it. These court docket selections demonstrate a optimistic shift for the implementation routine in the UAE for all those wanting to uphold exterior arbitral awards in the UAE. Nonetheless, it is important to keep up less than as a principal issue that the UAE has a civil legislation program wherein precedents do not hold worth. Ergo, a choice passed by a person decide does not tie one more, and he is absolutely free not to contemplate the judgments passed by an additional court docket.

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