New York Convention: Lack of Jurisdiction Prevents Enforcement in UAE
Type
E-journal
Date
22 Oct 2013
Jurisdiction
United Arab Emirates
Taxonomy
Arbitration, Jurisdiction & Choice of Law
Copyright
LexisNexis
Relevant company
Hadef & Partners
Legal reference
Federal Decree No. 31/1992, Federal Decree No. 43/2006, Federal Law No. 11/1992, Federal Law No. 5/1985
Analysis
The arbitration enforcement proceedings brought by Construction Company International (CCI) against the Ministry of Irrigation of the Government of Sudan (MOI), for whom our firm acted, has now passed through all three tiers of the Dubai Courts. The Dubai Court of Cassation (Case No. 156/2013 Civil Cassation) rejected CCI's arguments and upheld the judgments of the lower Courts. This means that all three tiers of the Dubai Courts, having considered the applicability of the New York Convention, refused to recognise and enforce two ICC Paris arbitration awards on the ground that under the UAE's procedural laws the Court had no jurisdiction. This result is likely to be viewed with concern by arbitration practitioners based in Dubai and worldwide.
Background