Recognition of Foreign Arbitral Award

Recognition of Foreign Arbitral Award

The United Arab Emirates also has many jurisdictions which permit the enforcement of Arbitral Awards. But these Arbitral Awards do depend upon proper, laws and systems in the country. UAE or United Arab Emirates, enforces the Arbitral Awards with a proper Law which is known as” UAE Federal Arbitration Law No.6 of 2018. This is called as short as “Federal Arbitration Law”, too.

The Cabinet Decision No 57 of 2018, which was issued on 9^th December 2018, for a better explanation, of Arbitral Awards. Through the Cabinet Decision, the Arbitral Award is regulated, enforced and implemented. UAE has two types of Arbitral Awards enforcement. One is for Domestic Awards and the second one is for Foreign Awards.

The Article 85 of Cabinet resolution number 57/2018 explains the Foreign Arbitral as that a petition has to be submitted to the Execution Court for enforcement. Once it is submitted then Execution judge has to order within three days from filling. But for the order, following conditions have to be fulfilled;

• UAE Courts have no authority to review the pros/benefits of the award. The tribunal that issues an award, has the authority as per the international rules.
• The included parties, in which foreign award was issued before, had to be notified to attend always. The parties have to be also, represented correctly.
• Award is provided by the force of Res Judicata, in relevance with the Law of Tribunal which used to issue the Award.
• Award should not conflict with the orders issued by the Court.
• Arbitral Award must be original and relevant to law. It should not be exceeding any Law, jurisdiction or previous Law.
• A copy of the Agreement will be required. When Arbitration is part of the contract, then the full contract will be needed.

It is just like a brief discussion on Arbitral Awards. Obviously, such topics need to be discussed with the experts and the real idea can’t be grabbed just by reading. Therefore we must suggest that consult the attorneys first and book the legal appointment with Advocates and Legal Consultants. Al Shaiba Advocates and Legal Consultants, being a full-service law firm, covers each and every type of Law in the United Arab Emirates. A Dubai-based Top Law Company!!