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Abu Dhabi Court of Cassation Confirms Exclusivity of Grounds for Set Aside of Arbitral Awards

Introduction - In a decision that became public recently, the Abu Dhabi Court of Cassation (Court of Cassation) in Case No. 1115 of 2024 (issued on 25 November 2024) confirmed the exclusivity of the grounds to set aside...more

Dubai Court of Cassation Holds Clause Providing for Court Provisional Measures Not a Waiver of Arbitration Agreement

Introduction - The Dubai Court of Cassation (Court of Cassation) in Case No. 296 of 2024 vacated the decision of the Dubai Court of Appeal (Court of Appeal) in Commercial Appeal No. 2284/2023, in which the Court of Appeal...more

Dubai Court of Cassation Recognises the Concept of Without Prejudice Settlement Discussions

Introduction - In a recent judgment in Case No. 486 of 2024 (issued on 22 October 2024), the Dubai Court of Cassation (Court of Cassation) upheld the decision of the Dubai Court of Appeal (Court of Appeal) (issued on 3 April...more

Abu Dhabi Court of Cassation Reiterates the Exceptional Nature of Arbitration Agreements

Introduction - A recent judgment from the Abu Dhabi Court of Cassation (Court of Cassation) in Case No. 902 of 2024 (issued on 23 December 2024) reiterates the importance of ensuring that a signatory to a contract containing...more

The Dubai Court of Cassation Restores Ability to Award Legal Costs in ICC Arbitrations

Background - In February 2024, the Dubai Court of Cassation (Court of Cassation) issued a surprising decision in Case No. 821 of 2023 (Commercial), in which it upheld the Dubai Court of Appeal’s (Court of Appeal) partial...more

UAE Law on the Enforceability of Unilateral Arbitration Agreements

In a recent decision dated 29 October 2024, the Dubai Court of Cassation (Court of Cassation) in Case No. 735 of 2024 (Commercial) confirmed that a unilateral (or asymmetric) arbitration agreement—an agreement which provides...more

UAE Courts Demonstrate Willingness to Enforce Foreign Judgments

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

Another Step Forward for Enforcement of Foreign Court Judgments in the United Arab Emirates

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

Dubai Court of Cassation Confirms That Contractual Preconditions to Arbitration Are Matters of Admissibility and Not Jurisdiction

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

The Dubai Court of Cassation Raises Questions Over an Arbitral Tribunal's Power to Award Legal Costs

The Dubai Court of Cassation (DCC) recently upheld the Dubai Court of Appeal’s partial annulment of an International Chamber of Commerce (ICC) arbitration award, quashing the arbitral tribunal’s award of legal costs. One...more

ICC Arbitration Seated in Abu Dhabi Held To Be Subject to the Supervisory Jurisdiction of the Courts of the Abu Dhabi Global...

The Abu Dhabi Court of Cassation has ruled that an arbitration seated in Abu Dhabi and conducted under the International Chamber of Commerce (ICC) arbitration rules (ICC Rules) was seated in the Abu Dhabi Global Market...more

Abu Dhabi Court of Cassation Confirms Seven-Day Time Limit to Raise Objections to the Commencement of Arbitration Proceedings

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

UAE Law on the Signing of Arbitral Awards

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

Recent Judgment Highlights Potential Pitfalls in Technology Transfer Agreements in Egypt

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

The UAE Introduces New Grounds for the Federal Supreme Court and Local Court of Cassation to Retract Their Decisions or Judgments

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

The UAE Introduces the Concept of a New Single-Tier Court

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

Dubai Court of Cassation Finds that the Interests of Justice Can Override an Agreement to Arbitrate in Circumstances Where a...

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

Change to Interest Rates Applied by the Courts in Dubai

The General Assembly of the Dubai Court of Cassation issued Resolution No. 1 of 2021 on 9 June 2021. This binding resolution reversed the court’s previous ruling regarding interest rate calculations for the awarded amount of...more

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