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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

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

Dubai Creates New Entity to Resolve Jurisdictional Disputes Between the DIFC Courts and Other Judicial Bodies

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

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

Dubai Court of Cassation Rules That an Arbitration Clause Extends to Subsequent Purchase Orders

In a recent judgment, the Dubai Court of Cassation in Case No. 828 of 2023 (Commercial) held that an arbitration clause in a contract extended to cover subsequent purchase orders....more

Dubai Courts Refuse Enforcement of an Arbitral Award Against a Foreign Party

A recent judgment of the Dubai Court of Cassation refused to enforce a foreign arbitral award against a party (the award debtor) with assets in the United Arab Emirates (UAE), on the basis that the award debtor itself was not...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

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

Update on Foreign Direct Ownership and Investment in the UAE

Introduction - On 23 November 2020, Sheikh Khalifa bin Zayed Al Nahyan, President of the United Arab Emirates (UAE), issued a decree overhauling the rules relating to foreign ownership of companies in the UAE (the Decree) by...more

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