UNITED ARAB EMIRATES 2025-3

Abu Dhabi Court of Cassation, 19 April 2022, Case No. 248 of 2022 (Commercial)

(Parties not indicated)

19 - 04 - 2022

UNITED ARAB EMIRATES 2025-3

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XL (2025)
Jurisdiction United Arab Emirates
Summary

The Court of Cassation held that the first-instance and appellate courts had reached the correct decision that a foreign award should be granted recognition and enforcement, because it met all the requirements of the New York Convention.

Related topics
301

The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.

Procedure for enforcement in general
402

The court discusses how to determine whether the document supplied is an award capable of being recognized and enforced, including whether the award is duly authenticated, and whether a copy is duly certified; whether a prior interim and/or partial award should be supplied together with the final award.

Original or copy arbitral award
514 Ground e: Award not binding, suspended or set aside - "Binding"
516

Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.

"Set aside"
UNITED ARAB EMIRATES 2025-3