What has happened?
Arbitration in the UAE has experienced tremendous growth in recent years, with both domestic and international users increasingly drawn to many of its advantages over conventional court litigation.
A crucial factor in any jurisdiction's development as a credible centre for arbitration is the existence of a functioning and efficient enforcement regime for both domestic and foreign arbitral awards. One important reason for the growing popularity of arbitration in the UAE is that the historical and well-publicised problems with enforcement have, in light of some recent developments, progressively begun to recede.
Why is this important?
The increasing popularity of arbitration as a mechanism for dispute resolution in the region means that it has become increasingly important for business leaders and in-house legal counsel to develop an understanding of the arbitration process and, in particular, how exactly arbitral awards are enforced in this jurisdiction.
Our Middle East Litigation and Arbitration team has published a comprehensive Practice Note covering the rules and procedures for the enforcement of both domestic and foreign arbitral awards in the UAE. The Practice Note outlines the legal framework for enforcing awards, the grounds for refusing enforcement, the approach of the UAE courts to enforcement and a summary of significant recent decisions on the enforcement of domestic and foreign arbitral awards.
The Practice Note includes discussion of the following key topics:
The legal framework for enforcement of arbitral awards in the UAE
The procedure for the enforcement of domestic arbitral awards and the grounds upon which enforcement can be refused by the UAE courts
The influence of public policy considerations in the enforcement of domestic arbitration awards
The procedure for the enforcement of foreign arbitral awards
Arbitration in the DIFC, and
The approach of the DIFC courts to enforcement
Request a full copy of the Practice Note