This Country Answer reflects the state of the law as of 18 July 2008. Please refer to the explanations in the chapter entitled Disclaimer and Preliminary Note.

A. The Contracting State and the New York Convention

1. Name of Contracting State (also specify jurisdiction(s), if relevant)

United Arab Emirates ('UAE'). The UAE is a federation of seven emirates: Abu Dhabi, Ajman, Dubai, Fujairah, Ras Al Khaimah, Sharjah, and Um al-Qaiwain. The law of the United Arab Emirates is a federal law which applies to all seven emirates. Any international treaty to which the UAE is a signatory applies in all emirates upon ratification by a federal decree.

2. Date of entry into force of the New York Convention

19 November 2006.

3. Has any reservation been made under Art. I(3) of the New York Convention regarding: (a) reciprocity and/or (b) commercial relationships?

No.

4. In addition to arbitral awards made in the territory of another State, the New York Convention (Art. I(1)) also applies to arbitral awards not considered as domestic awards in the State where recognition and enforcement are sought. Are there any awards rendered in your country that are not considered as domestic awards such that the New York Convention and the answers to this Questionnaire are applicable to them?

No. All awards made in the UAE are considered to be domestic awards.

B. National sources of law

5. What specific sources of law are applicable to recognition and enforcement of foreign awards (e.g. statutes, regulations, codes, directives, other legal instruments)?

The recognition and enforcement of foreign arbitration awards is specifically provided for in Arts. 235 to 238 of the Civil Procedure Law (Federal Law No. 11 of 1992) ('CPL').

However, the law is currently being reviewed and a draft law has been issued which is expected to be enacted by the federal government in 2008. The new Federal Arbitration Law, which is based on the UNCITRAL Model Law, will replace the existing provisions of the CPL.

C. Limitation periods (time limits)

6.

(a) Is there a limitation period (time limit) applicable to the commencement of legal proceedings for recognition and enforcement of foreign awards?

(b) If yes, what is the applicable limitation period (time limit) and when does it start running?

There is no specific limitation period applicable to the commencement of legal proceedings relating to the recognition and enforcement of foreign awards in the UAE. Nor are there any limitation periods for the enforcement of civil or commercial judgments in the UAE.

D. National courts and court proceedings

7. What authority or court has jurisdiction over recognition and enforcement of foreign awards?

Before a foreign award can be enforced in the UAE, it must be ratified by the UAE courts. Once the award is ratified by the court of first instance, it can be enforced through the execution court.

Pursuant to Art. 235(2) of the CPL, a petition for execution must be filed before the court of first instance.

8. What requirements, if any, must be met for the authority or court to accept jurisdiction over recognition and enforcement of foreign awards (e.g. domicile or assets of respondent in the jurisdiction, etc.)?

For UAE courts to assume jurisdiction over the enforcement of foreign awards, the court must first assume jurisdiction over the matter. According to the law, the mere fact that there are assets in the UAE will not give UAE courts jurisdiction to hear the matter or proceed with enforcement of the award. Jurisdiction can be established only if (i) one of the parties to the proceedings is domiciled or has a place of business in the UAE, (ii) the transaction which is the subject matter of the award was initiated in, connected to, or concluded or intended to be concluded in the UAE. The question of whether a truly foreign award, having no connection with the UAE other than the location of assets, can be enforced in the UAE has not yet been tested, as the UAE has only recently acceded to the Convention. However, as a general rule, the terms of a treaty will supersede local law, so if the New York Convention is invoked it will provide the judicial authorities with grounds to enforce an award against UAE assets. The issue of jurisdiction may be raised by the parties themselves or by the court, as it is considered to be a matter of public policy under UAE law.

9. Is the first decision granting or denying recognition and enforcement obtained through ex parte or inter partes proceedings?

The application to ratify foreign awards is conducted through normal inter partes court proceedings. However, it should be noted that the ratification of awards is not a requirement under the new Federal Arbitration Law, which provides that foreign awards can be executed without having to be ratified.

10. (a) Is the first decision granting or denying recognition and enforcement subject to any form of appeal or recourse?

The decision to grant or deny recognition and enforcement is subject to appeal. The court of appeal will consider an appeal on procedural issues only; an arbitral award cannot be appealed on the merits.

(b) How many levels of appeal or recourse are available against this decision?

Two. The decision may be appealed to a court of appeal and thereafter to the Court of Cassation.

11. What is the earliest stage in legal proceedings for enforcement of foreign arbitral awards at which a party can obtain execution against assets (i.e. party actually obtains possession of assets as opposed to simply freezing assets)?

The earliest stage for enforcement will be following the decision of the court of first instance, if that decision is not appealed within 30 days to the court of appeal. Court of appeal rulings will be good for enforcement if the decision is not appealed within 60 days to the Court of Cassation.

E. Evidence required

12.

(a) What evidence must be supplied for recognition and enforcement of foreign awards (e.g. arbitral award, contract containing arbitration clause, affidavits, witness statements, etc.)?

The following evidence must be supplied when an application is made for enforcement of a foreign award: (i) the arbitration agreement showing the arbitration clause in which the parties have agreed to refer the matter to arbitration; (ii) a signed copy of the arbitral award; (iii) a copy of the terms of reference (if any). Although not a requirement, it is usually advisable also to file evidence of the notice of arbitration, especially if one of the parties was not represented in the proceedings.

(b) Is it necessary to provide the entire document or only certain parts (e.g. entire contract or only arbitration clause)?

The entire document must be filed; it will not be sufficient to file only certain pages of the agreement or the award. It is advisable to file the entire documentation referred to in Q.12(a) above.

(c) Are originals or duly certified copies required?

Originals of the documents referred to in Q.12(a) above must be filed.

(d) How many originals or duly certified copies are required?

One original set must be filed with the court. Photocopies will be sufficient to serve on the other party. These must be given to the court for service on the other party with a notice inviting that party to attend a hearing, the day and time of which is specified. Extra copies may need to be filed for each defendant in the proceeding, if the award has been made against more than one party.

(e) Does the authority or court keep the originals that are filed?

Usually the court keeps the originals during the proceedings, until a final judgment has been delivered. After the final judgment, the party who filed the documentation may file a request with the court to retrieve the original documents.

13.

(a) Is it necessary to provide a translation of the documents supplied?

Yes, unless the original document is in Arabic.

(b) If yes, into what language?

Arabic.

(c) Is it necessary for the translations to be certified and, if yes, by whom (official or sworn translator, diplomatic or consular agent (of which country?) or some other person)?

All translations filed in court must be translated into Arabic by a certified translator licensed by the Ministry of Justice and practising in the UAE. Therefore, even if the translation into Arabic was carried out in another jurisdiction, the translation must be checked, certified and stamped by an authorized legal translator in the UAE before it can be submitted to the court.

(d) Is it necessary to provide a full translation of the documents or only a translation of certain parts (e.g. entire award or only part setting forth the decisions; entire contract or only arbitration clause)?

If the documents are lengthy, it is customary to file a translation of the relevant pages or clauses only; however, the court may order the translation of the complete document into Arabic.

F. Stay of enforcement

14.

(a) Can the authority or court stay legal proceedings for recognition and enforcement pending the outcome of an application to set aside or suspend the foreign award before the competent authority referred to in Art. V(1)(e) of the New York Convention?

Yes, the court may do this upon the application of either party.

(b) On what other grounds, if any, can the authority or court stay legal proceedings for recognition and enforcement (e.g. forum non conveniens)?

There are no other grounds on which the court can stay the proceedings, except if there are criminal proceedings under investigation directly connected with the award or the application to enforce the award.

(c) Is the granting of a stay of legal proceedings for recognition and enforcement conditional on the provision of security?

It is very rare for UAE courts to request security and it is unlikely that, even if the proceedings are stayed, there would be a request for security.

G. Confidentiality

15. (a) Do the documents filed in legal proceedings for recognition and enforcement form part of the public record? If yes, can any steps be taken to preserve the confidentiality of such documents?

No. The documentation filed in court in any proceeding, including enforcement of foreign awards, is not part of the public record. Such records are only available to the parties to the action and not to any third party, media or otherwise.

(b) If there are hearings on recognition and enforcement, are such hearings confidential? If not, can steps be taken to maintain the confidentiality of the legal proceedings?

The hearings are generally not confidential and are usually held in open court. However, either party may apply to the judge for the hearings to be held in private.

(c) Are judgments on recognition and enforcement published? If yes, can steps be taken to remove the names of the parties or avoid publication of confidential information (such as business or State secrets)?

Judgments in the UAE are not published officially, although they may be obtained privately through one of the parties. The court will generally refuse to release the judgment to any third party.

H. Other issues

16. When, if ever, can a party obtain recognition and enforcement of interim or partial foreign awards?

There is no specific statutory provision relating to a party's right to obtain recognition and enforcement of an interim or partial foreign award. Whilst possible in principle, the process tends to be lengthy and problematic. It is usually advisable to enforce the final award together with any interim orders, rather than enforcing an interim or partial award alone.

17. When, if ever, can a party obtain recognition and enforcement of non-monetary relief in foreign arbitral awards (e.g. order requiring a party to deliver up share certificates or other property)?

As a general rule, it is possible to obtain recognition and enforcement of non-monetary relief, provided such relief is able to be delivered and there exists a means of enforcing the relief in the UAE.

18. When, if ever, can a party obtain recognition and enforcement of only part of the relief granted in foreign awards?

If the award provides for several forms of relief, it is possible for the parties to seek enforcement of part or only some of them.

Where any relief granted is contrary to UAE public policy, such relief would be suspended at the ratification stage and the remainder would be enforced through the execution court.

19. When, if ever, can a party obtain recognition and enforcement of foreign awards which have been set aside by the competent authority referred to in Art. V(1)(e) of the New York Convention?

It would be extremely difficult to have a foreign award that has been set aside by a competent foreign authority enforced by UAE courts.

20. Are there any other procedural or practical requirements relating to recognition and enforcement of foreign awards which are worth mentioning (e.g. unusually high court costs, filing fees, stamp duties, obligation to post security as a condition for seeking recognition and enforcement, obligation to identify the assets that will be the object of enforcement, etc.)?

Enforcement of a foreign award through the courts will require the payment of normal court fees. The defendant may be ordered to pay the costs of a successfully contested application for ratification and enforcement.

Country Rapporteur: Essam Al Tamimi.