Public Policy Challenges to Arbitration Awards

Analysis

It is well known that Article 216 of the Civil Transactions Code contains the procedural flaws which can be used as grounds to annul an arbitration award.

However, there are other grounds which can at times be used for that purpose. One of these grounds has been used recently by the Dubai Court of Cassation; the arbitrator exceeding his scope by ruling on matters of Public Policy. In this article, we highlight the aforementioned judgment and the reasoning used.

Statement of Facts