header-logo header-logo

15 June 2018 / Leonora Riesenburg
Issue: 7797 / Categories: Features , Profession , Arbitration , ADR
printer mail-detail

A new law, a new landscape

nlj_7797_riesenburg

The UAE has welcomed a new Federal Arbitration Law. Leonora Riesenburg provides the details

  • Arbitration agreement, validity and performance.
  • Scope of application.
  • Rebalancing of powers in favour of tribunals.
  • Award issuance, recognition and enforcement.

On 3 May 2018, by Federal Law No. 6 of 2018, the United Arab Emirates (UAE) issued a new self-standing arbitration law (the New Arbitration Law). Influenced by UNCITRAL Model Law on International Commercial Arbitration 1985 (as amended in 2006), the New Arbitration Law comes 12 years following Federal Decree No. 43 of 2006 pursuant to which the UAE acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958, and will come into effect one month after its publication in the Official Gazette.

Scope of application

The new law applies to:

  1. all local arbitrations in the UAE for which parties have not elected an alternate governing law (Art 2(1));
  2. international commercial arbitrations conducted abroad for which parties have agreed to apply the law (Art 2(2)); and
  3. any arbitrations
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll