ADCC 679/2010/2

This case looked at recognition and enforcement of foreign arbitral awards as whether Article 235 and 236 of Federal Law No. 11/1992 were relevant.

A claimant filed an action in the court of first instance asking for a foreign arbitral award issued in Paris under the ICC to be recognised. The Court refused to recognise it because a condition of Article 235 of Federal Law No. 11/1992 had not been met. The award creditor appealed to the court of appeal which upheld the court of first instance decision.

Decision

There was a further appeal to the Court of Cassation which held the New York Convention applied to the enforcement of foreign arbitral awards. Article 235 and 236 of Federal Law No. 11/1992 apply only if the foreign award is issued in a country which is not a New York Convention signatory or in some other cases where an international treaty have been ratified between the UAE and that country.