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Dispute Resolution Court of Cassation

K&L Gates LLP

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

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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

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

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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

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

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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

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

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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

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Dubai's Highest Onshore Court Rules Unilateral Option Clause Unenforceable

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Split or “asymmetric” arbitration clauses, commonly referred to as “unilateral option clauses” (“UOCs”), provide one party (or a group of parties, but not all the parties) with the exclusive option to elect between...more

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UAE Law on the Enforceability of Unilateral Arbitration Agreements

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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

A&O Shearman

Update: Asymmetrical jurisdiction clauses in the onshore UAE

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The onshore Dubai Court of Cassation (Commercial Appeal No. 735 of 2024, dated October 29, 2024) has held that a unilateral option to arbitrate, included within an asymmetrical jurisdiction clause, did not constitute a...more

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UAE Courts Demonstrate Willingness to Enforce Foreign Judgments

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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

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

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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

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

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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

Awatif Mohammad Shoqi Advocates & Legal...

Recent Dubai Court of Cassation Decisions on Enforceability of Arbitration Agreements

Introduction: In the realm of international commerce and dispute resolution, arbitration has become an increasingly preferred method for resolving disputes. Its efficiency, impartiality, and enforceability across borders make...more

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

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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

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Recent Judgment Highlights Potential Pitfalls in Technology Transfer Agreements in Egypt

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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

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

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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

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

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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

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Change to Interest Rates Applied by the Courts in Dubai

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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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