In a recent decision dated 15 August 2024, the Dubai Court of Cassation (Court of Cassation) in Case No. 339 of 2023 (Civil) confirmed that a judgment from a foreign court may be enforced in the United Arab Emirates (UAE)...more
In a recent decision dated 4 June 2024, the Dubai Court of Cassation (Court of Cassation) in Case No. 392 of 2024 held that a summary judgment issued by the Ontario Superior Court of Justice, Canada, recognizing a restitution...more
The Dubai Court of Cassation (Court of Cassation), in its recently surfaced decision in Case No. 1514 of 2022, held that issues relating to the parties’ compliance with contractual preconditions to arbitration are matters of...more
Background - In Dubai, there has been scope for jurisdictional conflicts to arise between the common law, English language Dubai International Financial Centre (DIFC) Courts, and the ‘onshore’ Dubai Courts, which are Arabic...more
DIFC Court of Appeal Confirms Enforceability of Arbitral Awards Granting Interim Relief issued in Non DIFC-Seated Arbitrations - The Dubai International Financial Centre’s (DIFC) Court of Appeal has recently confirmed, in CA...more
On 29 January 2024, the Abu Dhabi Chamber of Commerce launched a new arbitral institution called the Abu Dhabi International Arbitration Centre (Centre), branded as “arbitrateAD,” to replace the Abu Dhabi Commercial...more
On 7 July 2022, the Abu Dhabi Court of Cassation (Court of Cassation) rendered its judgment in Commercial Case No. 492 of 2022, in which the parties disputed the date of commencement of the seven-day period for raising an...more
On 13 September 2022, the director of the International Cooperation Department of the United Arab Emirates (UAE) Ministry of Justice issued a communiqué to the director general of the Dubai courts confirming the...more
SUMMARY - On 21 April 2022, the Dubai Court of Cassation (Court of Cassation) issued its judgment in Case No. 109/2022, in which it confirmed that the United Arab Emirates (UAE) procedural law of arbitration, set forth in...more
On 17 November 2021, the Egyptian Court of Cassation (Court of Cassation) issued its judgment in Case No. 10305/83, in which it confirmed that disputes arising out of technology transfer agreements cannot be resolved in...more
BACKGROUND - On 20 September 2021, Decree No. 34 of 2021 concerning the Dubai International Arbitration Centre (DIAC) (the Decree) came into force and made significant changes to the arbitral institutions in Dubai....more
The Commercial Court of the Queen’s Bench Division of the High Court of Justice of England and Wales (Commercial Court) has granted an application for summary judgment on a claim to enforce in England a judgment of the DIFC...more
FROM THE EDITORS -
In this edition of Arbitration World, we include our usual update on developments in international arbitration, including reports on recent cases and changes in arbitration laws from regions around the...more
Recent changes to the UAE Civil Procedure Code, Federal Law No. 11 of 1992 (CPC), which came into effect on 3 September 2021, have introduced new grounds for seeking retraction of Federal Supreme Court and local Court of...more
Pursuant to Article (30) bis (2) of Federal Decree Law No. 15 of 2021 Amending Certain Provisions of the Civil Procedure Code (CPC) and Article 3 of Cabinet Resolution No. 75 of 2021 Amending Certain Provisions of Cabinet...more
The Payment Order process is intended to provide an expedited way of obtaining a judgment for payment in straightforward debt cases and helps creditors seek relief in a timely and cost effective manner. Recent changes to...more
As part of its ongoing efforts to improve the judicial system and meet its Vision 2030 goals, Saudi Arabia has approved another new law, Royal Decree No. M16 on Judicial Fees (Judicial Fees Law), which was issued on 8...more
INTRODUCTION - Mediation can be a useful mechanism for parties to try to resolve their disputes amicably, without the significant time and cost implications of litigation or arbitration proceedings. However, in the UAE,...more
Summary - A recent judgment from the Dubai Court of Cassation indicates that the interests of justice may require disputes arising out of separate but related contracts (not all of which contain arbitration agreements) to be...more
SUMMARY - A recent decision by the Abu Dhabi Court of Cassation in Case No. 922 of 2020 has confirmed that a party’s representative (Representative) acting under a power of attorney (POA) will only have the authority to enter...more
A recent decision of the DIFC Court of Appeal in Goel and others has confirmed that a reference to the “Courts of Dubai” or “Dubai courts” may be sufficient to constitute a “specific, clear and express” agreement to opt in to...more
The 1983 Riyadh Arab Agreement for Judicial Cooperation (Riyadh Convention) is intended to facilitate judicial cooperation between the signatory countries. It is an important tool for the enforcement of arbitral awards in the...more
United Arab Emirates – specific information on all aspects of settling a dispute by negotiation, mediation and other alternative dispute resolution mechanisms, including the statutory obligations to attempt settlement, form...more
The UAE introduces new legislation that determines the scope of civil liability and compensation for nuclear damage and aligns UAE law with the Vienna Convention on Civil Liability for Nuclear Damage as amended by the 1997...more