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Summaries of UAE COURTS’ DECISIONS on Arbitration
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Summaries of UAE COURTS’ DECISIONS on Arbitration
FOREWORD
by John Beechey
President, ICC International Court of Arbitration
CHAIRMAN'S INTRODUCTION
by Essam Al Tamimi
Chair, ICC UAE Commission on Arbitration
ACKNOWLEDGEMENTS
CO-EDITORS BIOGRAPHIES
INTRODUCTION
1993
Dubai Court of Cassation Petition No. 91 of 1993
Scope of arbitration agreement
Dubai Court of Cassation Petition No. 175 of 1993
Appointment of arbitrators; Jurisdiction
1994
Dubai Court of Cassation Petition No. 167 of 1994
Appointment of arbitrators
1995
Dubai Court of Cassation Petition No. 10 of 1995
Applicable procedure in arbitration; Competence of arbitrators;
Indivisibility of award; Pending litigation; Taking of oath;
Validity of arbitration proceedings
1996
Dubai Court of Cassation Petition No. 9 of 1996
Grounds for annulment of award; Time limit for arbitration proceedings
Dubai Court of Cassation Petition No. 178 of 1996
Time limit for arbitration proceedings
Dubai Court of Cassation Petition No. 186 of 1996
Waiver of right to appeal
1999
Dubai Court of Cassation Petition No. 537 of 1999
Assignment of arbitration agreement; Capacity to agree to arbitration;
Time limit for arbitration proceedings
2001
Dubai Court of Cassation Petition No. 88 of 2001
Content of award
2002
Dubai Court of Cassation Petition No. 167 of 2002
Jurisdiction; Scope of arbitration agreement
Dubai Court of Cassation Petition No. 193 of 2002
Jurisdiction
2003
Dubai Court of Cassation Petition No. 403 of 2003
Arbitration outside the Court; Fees of the arbitrator;
Grounds for annulment of award; Time limit for arbitration proceedings
Dubai Court of Cassation Petition No. 503 of 2003
Grounds for annulment of award; Taking of oath
Dubai Court of Cassation Petition No. 573 of 2003
Time limit for arbitration proceedings
Federal Supreme Court of Cassation Petition
No. 43 of the 23rd Judicial Year (Issued on 13 April 2003)
Time limit for arbitration proceedings
Federal Supreme Court of Cassation Petition
No. 32 of the 23rd Judicial Year (Issued on 8 June 2003)
Clarification of award; Content of award; Grounds of annulment of award;
Ratification
2004
Dubai Court of Cassation Petition No. 218 of 2004
Ratification of foreign awards (prior to ratification
by the UAE of the New York Convention)
Dubai Court of Cassation Petition No. 220 of 2004
Form of offer and acceptance to arbitrate; Validity of arbitration agreement;
Capacity to agree to arbitration
Federal Supreme Court Petition No. 118 of the 23rd Judicial Year
Applicable procedure in arbitration; Qualifications of arbitrators;
Res judicata
Federal Supreme Court Petition No. 831 of the 25th Judicial Year
and Petition No. 67 of the 26th Judicial Year (Issued on 23 May 2004)
Content of award; Grounds for annulment of award; Public order
Federal Supreme Court Petition No. 438 of the 23rd Judicial Year
Applicable procedure in arbitration; Content of award;
Grounds for annulment of award
Federal Supreme Court Petition No. 575 of the 25th Judicial Year
Jurisdiction.
Federal Supreme Court Petition No. 491 of the 24th Judicial Year
Defence of arbitration agreement; Jurisdiction
2005
Dubai Court of Cassation Petition No. 7 of 2005
Dismissal of arbitrator
Dubai Court of Cassation Petition No. 51 of 2005
Capacity to agree to arbitration
Dubai Court of Cassation Petition No. 225 of 2005
Immunity of arbitrators;
Res judicata
; Scope of the arbitration deed
Federal Supreme Court Petition No. 556 of the 24th Judicial Year
Attendance of arbitrators at hearings; Deliberation of arbitrators
Federal Supreme Court Case No. 206 of the 27th Judicial Year
Appointment of arbitrators; ADCCAC rules
2006
Dubai Court of Cassation Petition No. 141 of 2006
Time limit for arbitration proceedings; Public order
Dubai Court of Cassation Petition No. 273 of 2006
Capacity to agree to arbitration; Power of attorney; Representation of parties
2007
Dubai Court of Cassation Petition No. 72 of 2007
Appointment of arbitrators; Grounds for annulment of award
Dubai Court of Cassation Petition No. 75 of 2007
Grounds for annulment of award
Dubai Court of Cassation Petition No. 150 of 2007
Appointment of arbitrators; Jurisdiction
Dubai Court of Cassation Petition No. 233 of 2007
Content of award; Dissenting awards; Majority awards;
Requirements for signature of arbitrators
Dubai Court of Cassation Petition No. 268 of 2007
Content of award; Grounds for nullification of award;
Scope of arbitration agreement; Time limit for arbitration proceedings
Dubai Court of Cassation Petition No. 305 of 2007
Applicable procedure in arbitration; Representation of parties
2008
Dubai Court of Cassation Petition No. 146 of 2008
Grounds for annulment of award; Public order
Dubai Court of Cassation Petition No. 272 of 2008
Appointment of arbitrators; ICC rules of arbitration
2009
Dubai Court of Cassation Petition No. 32 of 2009
Applicable procedure in arbitration; Grounds for annulment of award;
Minutes of arbitration hearings
Abu Dhabi Court of Cassation Petition No. 108 of 2009
Separability of arbitration agreement; Appointment of arbitrators
Abu Dhabi Court of Cassation Petition No. 136 of 2009
Jurisdiction; Provisional measures; Summary action
Abu Dhabi Court of Cassation Petition No. 296 of 2009
Interpretation of award
Abu Dhabi Court of Cassation Petition No. 458 of 2009
Jurisdiction
Abu Dhabi Court of Cassation Petition No. 873 of 2009
Capacity to agree to arbitration; Time limit for arbitration proceedings;
Power of a court to review merits upon ratification
Abu Dhabi Court of Cassation Petition No. 924 of 2009
Power of Attorney; Representation of parties; Terms of reference;
Unsworn testimony
2010
Fujairah Federal Court of First Instance Case No. 35 of 2010
Enforcement; Foreign awards; New York Convention
Abu Dhabi Court of Cassation Appeal No. 679 of 2010
Enforcement; Foreign awards; New York Convention
Abu Dhabi Court of Cassation Petition No. 980 of 2010
Grounds for annulment of award; Independence and impartiality of arbitrators
Abu Dhabi Court of Cassation Appeal No. 1283 of 2010
Defence of an arbitration agreement; Jurisdiction
2011
Abu Dhabi Court of Cassation Petition Nos. 83, 91, 96 of 2011
Language of the award; Party autonomy
Dubai Court of Cassation Petition No. 180 of 2011
Grounds for annulment of award; Public order
Abu Dhabi Court of Cassation Petition No. 353 of 2011
Separability of arbitration agreement
Dubai Court of Appeal Civil Appeal No. 531 of 2011
Enforcement; Foreign awards; New York Convention
Abu Dhabi Court of Cassation Petition No. 561 of 2011
Arbitrator acting as a mediator; Grounds for annulment of award
Abu Dhabi Court of Cassation Appeal No. 814 of 2011
Commercial agency agreements; Jurisdiction
2012
Dubai Court of Cassation Petition No. 14 of 2012
Grounds for annulment of award; Public order; DIAC arbitration rules
Dubai Court of Cassation Petition No. 132 of 2012
Enforcement; Foreign awards; New York Convention; DIFC/LCIA
INDEX
UAE Federal Law Provisions on Arbitration