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 arising out of a dispute in respect of a legal relationship
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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll