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UNITED ARAB EMIRATES 11
Dubai Court of Cassation, 7 March 2024, Case No. 225/2023 (Civil)
(F.H.K.A.A.A.K.L. v. A.H.M.E.SH.M.H.)
UNITED ARAB EMIRATES 11
The claimant’s first attempt at enforcing a Chinese award had failed, because the Court of Cassation had eventually found that the sole arbitrator’s signature appeared on a separate, otherwise blank sheet. The claimant had now attached to this second application an amended award signed by the arbitrator on all pages and on the dispositive part. The first-instance court had granted exequatur, but the appellate instance had reversed, finding that the decision of the Court of Cassation in the first enforcement proceedings were res judicata preventing a second application for enforcement. The Court of Cassation explained that where formal defects have been cured, a previous judgment has no res judicata effect.
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.