UAE 202/25/1

This case involved the request for an arbitration which had been seated overseas under ICC rules to be rendered as exequatur.

Background

An arbitration award creditor filed a case before the Abu Dhabi Court of First Instance seeking the recognition of an arbitral award seated in Zurich under ICC rules. The request was for the award to rendered as exequatur. The Court of First Instance recognised the award and the court of appeal upheld this.

Decision

In the Court of Cassation the award debtor argued Article 235 of Federal Law No. 11/1992 provided since the underlying award was a foreign arbitral award thee court of substance should have ensured realisation of Article 235 conditions. They claimed there was a misapplication of the law as the court of substance had mistakenly applied Article 212 and 216 of Federal Law No. 11/1992 despite it being a foreign award seated in a foreign country.