UAE: Capacity of Companies' Representatives to Agree on Arbitration

Analysis

The new UAE Commercial Companies Law will enter into force this Summer. The new law has significant ramifications for how a UAE Public Joint Stock Company (“PJSC”) can bind itself to an arbitration clause.

Article 154 of the new law states that:

“The Board of Directors shall have all the powers specified in the Articles of Association of the company, other than as reserved by this Law or the Articles of Association of the company to the General Assembly. However, the Board of Directors may not enter into loans for a period in excess of three years, sell the property of the company or the store, or mortgage movable and immovable property of the company, discharge the debtors of the company from their obligations, make compromise or agree on arbitration, unless such acts are authorized under the Articles of Association of the company or are within the object of the company by nature. In cases other than these two ones, such acts require to issue a special resolution by the General Assembly.”