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UAE Arbitration Law: A Practical Case Law Digest


ISBN13: 9789403523699
To be Published: July 2025
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £165.00



UAE Arbitration Law is a welcome book, the first of its kind to offer in-depth practical case law analysis on arbitration in the United Arab Emirate (UAE), providing an article-by-article guide to the Arbitration Law, with over 120 cases from courts across the Emirates. Each case is presented in the context of its most relevant provision, summarized in English, and accompanied by the authors’ astute comments on the significance and scope of the decision. UAE has taken major steps to enact legislative regimes that permit the efficient and even-handed resolution of international disputes. Federal Law No. 6 of 2018 (Arbitration Law), based on the UNCITRAL Model Law, marks a pivotal step in harmonizing the UAE’s arbitration framework—which includes local arbitration institutions and so-called offshore courts—with global best practices.>

Elucidating the questions that are as challenging as they are important, the authors provide the following:

  • a clear and structured interpretation of how the Arbitration Law operates in practice;
  • a chapter on issues of sovereign immunity under UAE law;
  • procedural guidance on how to bring claims against UAE government entities, including addressing common
  • misconceptions on enforcement; and
  • circumstances under which local courts are likely to intervene.

The authors have meticulously selected decisions to underscore vital legal principles and procedural nuances, always keeping the issues most critical to practitioners at the forefront. The book will, consequently, prove indispensable to anyone practicing international arbitration in the region and will become a go-to resource in the library of any international arbitration counsel, arbitrator, academic or policymaker.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
Foreword
Preface
Acknowledgments
CHAPTER I Definitions and Scope of Application
ARTICLE 1 Foundations of UAE Arbitration Law
ARTICLE 2 Scope of Application of the Law
ARTICLE 3 International Nature of Arbitration
CHAPTER II Arbitration Agreement
ARTICLE 4 Legal Capacity to Conclude an Arbitration Agreement
ARTICLE 5 Types of Arbitration Agreement
ARTICLE 6 Separability of the Arbitration Agreement
ARTICLE 7 Written Arbitration Agreement
ARTICLE 8 Adjudication of the Dispute Containing an Arbitration Agreement
CHAPTER III Arbitral Tribunal
ARTICLE 9 Composition of the Arbitral Tribunal
ARTICLE 10 General Qualifications of an Arbitrator
ARTICLE 10 BIS Appointing an Arbitrator from Supervisory or Regulatory Authorities
ARTICLE 11 Selection of Arbitral Tribunal
ARTICLE 12 Decision-Making in Arbitration Proceedings
ARTICLE 13 Failure to Comply with the Procedures for the Appointment of the Arbitral Tribunal
ARTICLE 14 Recusal of an Arbitrator
ARTICLE 15 Procedures for Recusal of an Arbitrator
ARTICLE 16 Termination of the Arbitrator’s Mandate
ARTICLE 17 Appointment of a Substitute Arbitrator
ARTICLE 18 Jurisdiction to Order Arbitration Measures
ARTICLE 19 Arbitral Tribunal’s Competence to Rule on Its Own Jurisdiction
ARTICLE 20 Deadline for Challenging an Arbitral Tribunal’s Jurisdiction
ARTICLE 21 Interim or Precautionary Measures in UAE Arbitration
CHAPTER IV Arbitration Proceedings
ARTICLE 22 Joinder and Intervention in Arbitration (Inclusion of Third Parties)
ARTICLE 23 Determination of Applicable Proceedings in Arbitration
ARTICLE 24 Notices and Service of Documents
ARTICLE 25 Waiving the Right to Object in UAE Arbitration
ARTICLE 26 Equal Treatment of Parties in Arbitration
ARTICLE 27 Commencement of Arbitration Proceedings
ARTICLE 28 Place and Proceedings of Arbitration
ARTICLE 29 Language of Arbitration
ARTICLE 30 Statement of Claims
ARTICLE 31 Supporting Documents in Arbitration Statements
ARTICLE 32 Claimant’s Failure to Submit Statement of Claim on Time
ARTICLE 33 Arbitration Hearings and Proceedings
ARTICLE 34 Experts Appointment
ARTICLE 35 Testimony of Witnesses via Modern Communication Methods
ARTICLE 36 The Court’s Role in Assisting Arbitral Tribunal with Evidence
CHAPTER V Arbitral Award
ARTICLE 37 Applying the Chosen Law to the Substance of the Dispute
ARTICLE 38 Power of the Arbitral Tribunal in Determining Applicable Law
ARTICLE 39 Interim and Partial Awards
ARTICLE 40 Arbitral Award on Agreed Terms
ARTICLE 41 Arbitral Award Requirements under UAE Arbitration Law
ARTICLE 42 Deadlines for Reaching an Arbitral Award
ARTICLE 43 Ruling on Preliminary Matters in Arbitration
ARTICLE 44 Announcement of the Arbitration Award
ARTICLE 45 Termination of Arbitration Proceedings
ARTICLE 46Arbitration Costs Determination
ARTICLE 47 Withholding of Arbitration Award due to Unpaid Costs
ARTICLE 48 Confidentiality of Arbitral Awards
ARTICLE 49 Interpretation of Arbitral Awards
ARTICLE 50 Correction of Material Errors in Arbitral Awards
ARTICLE 51 Process for Requesting an Additional Arbitral Award
ARTICLE 52 The Binding Force of an Arbitral Award
ARTICLE 53 Challenging an Arbitral Award
ARTICLE 54 Claim to Invalidate the Arbitration Award
ARTICLE 55 Enforcement of Arbitral Award
ARTICLE 56 Suspension of Enforcement of an Arbitral Award
ARTICLE 57 Appeal Against the Enforcement of an Arbitral Award
Appendix
Glossary