UAE Arbitration Procedures And Practice

 

Depending on the corporate entity involved in the arbitration, UAE courts will take a different approach to enforce the agreement. However, the general principle is that pre-conditions to arbitration are given effect. This includes the requirement to file original Terms of Reference, minutes of sessions, and other documents. A copy of the award must also be provided to all parties. A hearing on the arbitration is scheduled within fifteen days of the filing of the award. Click this to find reputable arbitration law firms in Dubai.

The court may order the party involved to bear the expenses incurred in the arbitration. A competent court of appeal is also empowered to make any necessary amendments to the award, including the award of expenses. Generally, the party requesting enforcement of the arbitration award must submit a copy of the original agreement and other relevant documents. The court must approve the request, and if the request is not granted, the arbitration award cannot be enforced. Several of the Dubai courts have ruled that the validity of an arbitration agreement can be challenged if pre-conditions to the arbitration are not met.

If an arbitrator makes a decision that violates the duty of neutrality or integrity, he could be subject to criminal prosecution. The court also has the power to impose sanctions against an arbitrator who violates section 44(1). This section prohibits activities intended to obstruct or disrupt the integrity of the arbitration proceedings. In addition, a party may refuse to enforce an award that violates local laws.

Before adopting UAE Arbitration Law, UAE Penal Code contained Article 257, which imposed criminal liability on arbitrators. Although this provision was not applied to experts in civil cases, it was still applicable to criminal cases. In 2018, UAE federal government amended the UAE Penal Code and removed the criminal liability provisions. The new version of the law requires that the signatory of an arbitration agreement must have requisite authority.

UAE Ministry of Economy has released a Draft Federal Law on Arbitration. This proposed law, which is currently under review, outlines formal requirements for an arbitration agreement. In addition, the law would provide efficient enforcement of foreign awards in the UAE per the New York Convention. UAE Ministry of Economy will ultimately adopt a comprehensive system for regulating arbitrations in the country.