Challenging International Arbitration Awards in UAE Courts on Public Policy Ground

Abstract

The Arbitration has become a very attractive tool for foreign investors in the UAE and most of it international in nature. Judge typically prefers to apply the national law that he is familiar with on the enforceability of an arbitration award. The Public Policy is one of the major bases for the arbitration award non-enforcement. Which can be used unfairly by the national judges to stop the execution of the foreign award, claiming it is contrary to the public policy The dissertation will evaluate and discuss the U.A.E. position among other nations on the public policy issues. By scrutinizing the ground for non-recognition of the arbitration award, non-arbitrability, the national law, and concept of public policy, the concept of public policy in international arbitration, the Shari’a law and concept of public policy and finally conclusion and recommendation.