Jurisdiction and Admissibility Under UAE Arbitration Law
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Date
2023-11
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The British University in Dubai (BUiD)
Abstract
This dissertation undertakes an in-depth examination of the grounds for challenging the jurisdiction of arbitral tribunals in commercial disputes under UAE law. It begins by exploring the distinction between challenges to the jurisdiction of the arbitral tribunal and challenges to the admissibility of referring a dispute to arbitration. A key focus of the study is to analyze each specific ground for challenging jurisdiction as outlined under Article 53.1 of the UAE Federal Arbitration Law. This includes a thorough evaluation of challenges related to the scope and validity of arbitration agreements and parties' competence and capacity to arbitrate disputes. The dissertation also assesses available remedies when a party denies the tribunal's jurisdiction over a dispute. It examines how UAE courts approach jurisdictional objections raised against arbitral awards and whether the principle of kompetenz-kompetenz is recognized. The study further analyzes how issues about an arbitration agreement's existence, applicability, and limits are determined under the legal framework administering international commercial arbitration in the UAE.
An important objective of the dissertation is to offer nuanced legal insights into navigating complex jurisdictional issues that commonly arise in arbitrations seated in the UAE. It aims to delineate challenges to an arbitral tribunal's jurisdiction from other objections related to referring disputes to arbitration. The study clarifies the grounds specified under Article 53.1 of the Federal Arbitration Law for challenging the award issued by the arbitral tribunal based on jurisdictional arguments. It evaluates each jurisdictional ground's practical applications and legal implications through analysis of relevant UAE court rulings and alignment with international arbitration standards and principles.
Overall, through a comprehensive examination of jurisdiction challenges under UAE law, the dissertation seeks to enhance understanding of arbitration jurisdiction within the complex legal landscape governing international commercial disputes in the United Arab Emirates. It aims to benefit legal practitioners, policymakers, and businesses by elucidating jurisdictional nuances that commonly underlie arbitration proceedings and awards in the UAE.
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Keywords
arbitration jurisdiction, jurisdictional challenges, admissibility of arbitration, arbitration agreements, UAE federal arbitration law, article 53(1), Kompetenz-kompetenz, scope of arbitration clauses, validation of jurisdiction, international commercial arbitration