UNITED ARAB EMIRATES 2025-4

Abu Dhabi Court of Cassation, 23 June 2022, Case No. 411 of 2022 (Commercial)

(Parties not indicated)

23 - 06 - 2022

UNITED ARAB EMIRATES 2025-4

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XL (2025)
Jurisdiction United Arab Emirates
Original full text Full text decision UNITED ARAB EMIRATES 2025-4
Excerpt Excerpt decision UNITED ARAB EMIRATES 2025-4
Summary

The Court of Cassation upheld the first-instance and appellate decision that had recognized and enforced an ICC award rendered in the US, finding that the lower courts had correctly found that the arbitral tribunal had jurisdiction, the subject matter of the dispute was arbitrable, the award complied with the formal requirements, was final, and did not violate public policy.
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
500

The court discusses the overall scheme and/or pro-enforcement bias of the Convention.

 Grounds for refusal of enforcement in general
518

Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.

Paragraph 2 - Distinction domestic-international public policy
UNITED ARAB EMIRATES 2025-4