Overview on the Judicial Application of the UAE Arbitration Law
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Date
2023-08
Authors
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Journal ISSN
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Publisher
The British University in Dubai (BUiD)
Abstract
The almost 12-year long-awaited UAE Arbitration Law, being its historical first stand-alone arbitration law which repealed and replaced articles 203 to 218 of the UAE Civil Procedures Law, was enacted in the Official Gazette on 15 May 2018. The UAE Arbitration Law inaugurates a new chapter in the UAE's arbitration legislation, giving it is the first stand-alone arbitration law in its history.
This thesis, under such a background, discusses and analyzes, the key new features of the UAE Arbitration Law comparing to the old arbitration law stipulated in the UAE Civil Procedures Law; how the new provisions or mechanisms stated in UAE Arbitration Law have been judicially applied, by reviewing certain number of the UAE Courts’ precedents, focusing on some key new provisions such as appointment of arbitrators, arbitration agreed by reference, jurisdictional competence and challenge, interim and precautionary measures, recognition and enforcement, award challenge or nullification etc., to better understand how the true intention and tenet of the UAE Arbitration Law in theory, with a focus on the new provisions or mechanisms stipulated in the UAE Arbitration Law, has been interpreted and implemented in judicial practice, in an effort attempting to provide some guidance and recommendations on practicing of the same and to identify issues arising out of applying the same in the practice so that giving suggestions on how the UAE Arbitration Law may probably be improved and how the legal provisions should be better implemented in practice, with highlights to the legal practitioners in the UAE.
Description
The almost 12-year long-awaited UAE Arbitration Law, being its historical first stand-alone arbitration law which repealed and replaced articles 203 to 218 of the UAE Civil Procedures Law, was enacted in the Official Gazette on 15 May 2018. The UAE Arbitration Law inaugurates a new chapter in the UAE's arbitration legislation, giving it is the first stand-alone arbitration law in its history. This thesis, under such a background, discusses and analyzes, the key new features of the UAE Arbitration Law comparing to the old arbitration law stipulated in the UAE Civil Procedures Law; how the new provisions or mechanisms stated in UAE Arbitration Law have been judicially applied, by reviewing certain number of the UAE Courts’ precedents, focusing on some key new provisions such as appointment of arbitrators, arbitration agreed by reference, jurisdictional competence and challenge, interim and precautionary measures, recognition and enforcement, award challenge or nullification etc., to better understand how the true intention and tenet of the UAE Arbitration Law in theory, with a focus on the new provisions or mechanisms stipulated in the UAE Arbitration Law, has been interpreted and implemented in judicial practice, in an effort attempting to provide some guidance and recommendations on practicing of the same and to identify issues arising out of applying the same in the practice so that giving suggestions on how the UAE Arbitration Law may probably be improved and how the legal provisions should be better implemented in practice, with highlights to the legal practitioners in the UAE.
Keywords
UAE arbitration law, jurisdictional competence, precautionary measures