Headnote

Arbitration – Enforcement – Foreign awards – New York Convention

Summary of facts:

Summary of facts

The Petitioner and the Respondent had entered into an agreement on 22 June 2007 whereby the Respondent was granted broadcasting rights for six-day cricket matches in the Middle East in return for a licence fee. The parties had agreed that any dispute arising under the agreement would be submitted to mandatory arbitration in Singapore under the SIAC Rules.

A dispute arose between the Petitioner and the Respondent and was referred to SIAC. An arbitral award was rendered on 28 September 2010 in favour of the Petitioner.

The Petitioner commenced proceedings before the Dubai Court of First Instance against the Respondent seeking to have the award recognized, enforced and vested with an executory formula pursuant to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

On 18 May 2011, the Dubai Court of First Instance dismissed the Petitioner’s request. The Petitioner appealed the judgment seeking an order overturning the lower court’s decision.

Held

The Court of Appeal overturned the lower court’s judgment.

It is a well-established principle of the Dubai Court of Cassation and Articles 235, 236 and 238 of the UAE Civil Procedure Code that international treaties ratified by the UAE must be enforced when it comes to the enforcement of foreign judgments and foreign arbitral awards, even if the conditions set forth in Article 235 of the Code have not been met.

Judgment

It follows from Articles 235, 236 and 238 of the UAE Civil Procedure Code that UAE courts are allowed to order the enforcement of foreign arbitral awards in accordance with the terms and procedural requirements of these articles.

It is also a well-established principle of the Dubai Court of Cassation and the aforementioned articles that international treaties ratified by the UAE must be enforced when it comes to the enforcement of foreign judgments and foreign arbitral awards, even if the conditions set forth in Article 235 of the Code have not been met.

Both the UAE and Singapore are signatories of the New York Convention. Article 3 of the Convention stipulates: “Each state party shall recognize arbitral awards as binding and enforce them in accordance with the rules of procedure of the territory where the award is relied upon.”

The Petitioner has provided all the necessary documents and evidence to have the award recognized and enforced pursuant to Article 4 of the New York Convention. Furthermore, the Respondent, who failed to appear before the arbitral tribunal, the Court of First Instance and this Court, has not set forth any argument against the enforcement of the award pursuant to Article 5 of the New York Convention. Therefore, the award can be recognised and enforced.

Accordingly, the judgment of the Court of First Instance is overturned.