The Dubai Courts confirm the limited role of the courts in reviewing arbitral awards
Type
E-journal
Date
20 Jan 2025
Jurisdiction
United Arab Emirates, Dubai
Taxonomy
Arbitration
Relevant company
Clyde & Co
Legal reference
Federal Law No. 6/2018
Summary
The Dubai courts reaffirmed their arbitration-friendly stance, emphasizing that courts will not reconsider the merits of a case or assess the evidence in arbitration, as these matters fall within the sole jurisdiction of the arbitral tribunal. The courts also clarified that procedural irregularities can only lead to nullification if explicitly stated by law, and that institutional arbitration rules take precedence over domestic arbitration law, reinforcing the limited grounds available for challenging arbitral awards as Sherif Maher and Mohamed El Mahdy of Clyde&Co explain.
Analysis
In two recent Judgements, the Dubai courts confirmed the arbitration friendly position of the courts when analysing the scope of Article 53 of Federal Law No. 6/2018, UAE UAE Arbitration Law provides an exhaustive list of grounds to nullify arbitral awards.
On 25 November 2024, the Dubai Court of Cassation, in case No 1115 of 2024JY, confirmed the following principles:
No Review of Merits: