DCC 403/2020

This case involved which pages of a foreign arbitration award had to be signed by an arbitrator for it to be enforced in the UAE.

Background

A claimant obtained an award from the China International Economic and Trade Arbitration Commission and sought its enforcement before the UAE Courts in line with Article 85 and 86 of Cabinet Decision No. 57/2018.

The Execution judge approved the enforcement application. The Respondent challenged the decision before the Court of Appeal which dismissed the challenge and upheld the Execution judge's ruling.

The Respondent appealed to the Dubai Court of Cassation on the grounds the award did not satisfy Article 85 and 86 of Cabinet Decision No. 57/2018 because only one separate page of the award had been signed by the arbitrator and the rest of the pages had no signature on them, which was a breach of public policy as UAE Law required award pages be signed by the arbitrators.

Decision

It was confirmed having a signature on each of the pages of an arbitration award was a requirement under the UAE public policy provisions. Therefore, the Court ruled to overturn the Court of Appeal judgment and dismissed the enforcement application for the arbitral award.