العقبات التي تواجه تنفيذ قرارات التحكيم في منازعات الاستثمار الأجنبي بدولة الإمارات العربية المتحدة
The United Arab Emirates (the “UAE”) through international commitments and legislative developments provide support towards international arbitration, to position itself as an arbitration friendly jurisdiction. The UAE is signatory to the New York Convention on the Recognition and Enforcement of For...
Saved in:
| Summary: | The United Arab Emirates (the “UAE”) through international commitments and legislative developments provide support towards international arbitration, to position itself as an arbitration friendly jurisdiction. The UAE is signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (the “NYC”) and the Riyadh Convention, and has in the recent years introduced Federal Law Number (6) of 2018 on Arbitration which adopted the UNCITRAL Model Laws on International Commercial Arbitration into the national arbitration laws. However, the development of the cases relating to the enforcement of international investment arbitration awards have been ambiguous. This study aims to identify the obstacles to the implementation of arbitral awards concerning foreign investment disputes in the United Arab Emirates (UAE). The researcher employs doctrinal research methodology consistent with the nature of this study, and the field-study approach to obtain data about the current practices in the area. This includes the application of national laws such as the UAE Civil Procedure Law, case analyses of enforcement of foreign arbitration awards in the UAE, as well as the court’s interpretational approach in granting and refusing enforcement. This research finds that there are issues relating to the deficiency in the national laws in meeting certain requirements of international arbitration, in addition to problems relating to the resort of the parties to judicial and local administration procedures before proceeding to arbitration. Other issues are concerning competence of arbitrators, the general policy of UAE which it pursues in order to preserve its own interests, and the court’s reluctance to enforce arbitral awards. This research also finds that the use of public policy as a ground for refusing recognition and enforcement of awards has been uncertain in the UAE and may hinder the general effectiveness of international arbitration in the jurisdiction. This research recommends a holistic approach in reducing procedural legal impediments and ensuring the consistency of the national laws and UAE’s international commitment in international arbitration. |
|---|