Summaries of UAE Courts’ Decisions on Arbitration I (1993-2012)

This book is the first ever to summarize in English a series of judgments issued over the last 20 years by the Dubai Court of Cassation, the Federal Supreme Court of Cassation, the Fujairah Federal Court of First Instance and the Abu Dhabi Court of Cassation. It has been prepared with a view to providing a useful tool for lawyers, arbitrators and other professionals involved in arbitration proceedings in the United Arab Emirates (UAE).

The judgments included have been carefully selected and summarized, by the judiciary in the UAE. Each summary contains a convenient headnote, which enables the reader to identify, at a glance, the principles of arbitration set out by the UAE courts in the selected judgments.

This collection of summaries addresses the need within the arbitration community for easy access to UAE jurisprudence with a focus on arbitration. It will serve as a readily comprehensible guide to arbitration in the UAE.

1993

Dubai Court of Cassation Petition No. 91 of 1993

Scope of arbitration agreement

Dubai Court of Cassation Petition No. 175 of 1993

Appointment of arbitrators; Jurisdiction

1994

Dubai Court of Cassation Petition No. 167 of 1994

Appointment of arbitrators

1995

Dubai Court of Cassation Petition No. 10 of 1995

Applicable procedure in arbitration; Competence of arbitrators;

Indivisibility of award; Pending litigation; Taking of oath;

Validity of arbitration proceedings

1996

Dubai Court of Cassation Petition No. 9 of 1996

Grounds for annulment of award; Time limit for arbitration proceedings

Dubai Court of Cassation Petition No. 178 of 1996

Time limit for arbitration proceedings

Dubai Court of Cassation Petition No. 186 of 1996

Waiver of right to appeal.

1999

Dubai Court of Cassation Petition No. 537 of 1999

Assignment of arbitration agreement; Capacity to agree to arbitration;

Time limit for arbitration proceedings.

2001

Dubai Court of Cassation Petition No. 88 of 2001

Content of award

2002

Dubai Court of Cassation Petition No. 167 of 2002

Jurisdiction; Scope of arbitration agreement

Dubai Court of Cassation Petition No. 193 of 2002

Jurisdiction

2003

Dubai Court of Cassation Petition No. 403 of 2003

Arbitration outside the Court; Fees of the arbitrator;

Grounds for annulment of award; Time limit for arbitration proceedings

Dubai Court of Cassation Petition No. 503 of 2003

Grounds for annulment of award; Taking of oath

Dubai Court of Cassation Petition No. 573 of 2003

Time limit for arbitration proceedings

Federal Supreme Court of Cassation Petition

No. 43 of the 23rd Judicial Year (Issued on 13 April 2003)

Time limit for arbitration proceedings

Federal Supreme Court of Cassation Petition

No. 32 of the 23rd Judicial Year (Issued on 8 June 2003)

Clarification of award; Content of award; Grounds of annulment of award;

Ratification

2004

Dubai Court of Cassation Petition No. 218 of 2004

Ratification of foreign awards (prior to ratification

by the UAE of the New York Convention) Dubai Court of Cassation Petition No. 220 of 2004

Form of offer and acceptance to arbitrate; Validity of arbitration agreement;

Capacity to agree to arbitration

Federal Supreme Court Petition No. 118 of the 23rd Judicial Year

Applicable procedure in arbitration; Qualifications of arbitrators; Res judicata

Federal Supreme Court Petition No. 831 of the 25th Judicial Year

and Petition No. 67 of the 26th Judicial Year (Issued on 23 May 2004)

Content of award; Grounds for annulment of award; Public order

Federal Supreme Court Petition No. 438 of the 23rd Judicial Year

Applicable procedure in arbitration; Content of award;

Grounds for annulment of award

Federal Supreme Court Petition No. 575 of the 25th Judicial Year

Jurisdiction

Federal Supreme Court Petition No. 491 of the 24th Judicial Year Defence of arbitration agreement; Jurisdiction

2005

Dubai Court of Cassation Petition No. 7 of 2005

Dismissal of arbitrator

Dubai Court of Cassation Petition No. 51 of 2005

Capacity to agree to arbitration

Dubai Court of Cassation Petition No. 225 of 2005

Immunity of arbitrators; Res judicata; Scope of the arbitration deed

Federal Supreme Court Petition No. 556 of the 24th Judicial Year

Attendance of arbitrators at hearings