In recent times, the UAE has made positive strides on the global arbitration charts. According to the ICC Dispute Resolution Statistics 2024, the UAE advanced from eighth to fifth place globally as a…
The principle of competence-competence is widely recognized in international arbitration. In the UAE, it is codified in Article 19.1 of the Federal Law No. 6 of 2018 on Arbitration (“Arbitration Law”…
On 5 February 2024, the Dubai Court of Cassation (“DCC”) issued a judgment in Commercial Case No. 821/2023 (“DCC Judgment”). It upheld an earlier judgment of the Dubai Court of Appeal (“CoA”) which…
In the beginning of 2023, a diplomat told the Economist that the Middle East was tired of conflict and that de-escalation and diplomacy would be the orders of the day. While this did not hold true on…
Recent amendments to Federal Law No. 6 on 2018 on Arbitration, the UAE Federal Arbitration Law (“FAL”), introduced by Federal Decree Law No. 15 of 2023 (Amending Certain Provisions of Federal Law No…
On 15 September 2023, the United Arab Emirates (“UAE”) reformed the legal framework governing arbitration. Under the recently issued Federal Law No. (15) of 2023 (“Amendment Law”), specific…
In a recent decision, Court of Cassation No. 585/2023 (Commercial), the Dubai Court of Cassation (“COC”) concluded that the invalidity of a contract extends to the arbitration clause included in the…
In a judgment issued by the Dubai Court of Cassation (“COC”) on 8 June 2023 (Dubai Court of Cassation No. 1514/2022 Commercial), the COC confirmed that the condition precedent of referring the…
Pathological clauses are not an infrequent occurrence in the arbitration world. We often see arbitration clauses which are poorly drafted and may result in rendering the clause inoperable. Being able…