Dubai Cassation Court Emphasises Its Strict Compliance to the New York Convention
Type
E-journal
Date
2 May 2016
Jurisdiction
Dubai
Taxonomy
Arbitration
Copyright
LexisNexis
Relevant company
Al Tamimi & Company
Analysis
In a recent judgment issued on 18 September 2012, Dubai Court of Cassation confirmed to the international society its determination and commitment to strictly complying with the New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards.
The ruling is the latest in a series of positive decisions rendered pursuant to the UAE acceding to the New York Convention in November 2006. It tackles different arguments relating to the scope of jurisdiction of local courts with respect to foreign awards, the burden of proof for setting aside the award and the scope of review allowed from the lower courts.
Summary of facts:
The Claimant (an international steel trader) entered into a purchase agreement with the Respondent (a contractor domiciled in Dubai) under which the Respondent purchased a consignment of steel sheeting from the Claimant.
The Parties agreed to refer any dispute arising from their agreement to be resolved by way of DIFC-LCIA arbitration seated in London.