Dubai: The Position of the UAE Courts following Accession to the New York Convention

Analysis

Since the ratification of the New York Convention by the UAE by Federal Decree No. 43, a significant change has been noticed in the approach of UAE Courts in relation to the recognition and enforcement of foreign arbitral awards which highlights the UAE's full commitment to its international obligations.

The overall outlook is positive and encouraging, a sure sign that the UAE Courts are honoring the intention of the parties and allowing them to choose the ideal process for all their disputes, be it court litigation or arbitration. In recent rulings, the UAE Courts have laid down principles in support of international arbitration and the UAE's commitment to respecting the provisions of the New York Convention those rulings include:

a) Fujairah Federal Court of First Instance:

In a recent case before the Fujairah Federal Court of First Instance (No. 35/2010 [27.04.1020]) the Fujairah Court recognized a foreign arbitral award which had been issued in London and confirmed several important principles including the following:

1- The substantive merits of the arbitral award should not be reviewed when considering the ratification and enforcement of an arbitral award; and