New UAE arbitration law
After many years of speculation and a number of false starts, the UAE has issued a new federal Arbitration Law (May 2018). This is a long-awaited and welcome development which should encourage international parties to select Dubai or Abu Dhabi as the arbitration seat in their arbitration clauses.
- the validity of arbitration agreements agreed by electronic communications (eg by email);
- the separability of arbitration agreements (which allows arbitration agreements/clauses to survive challenges to the validity of the wider contract);
- the arbitral tribunal’s power to rule on its own jurisdiction (ie competence-competence);
- granting arbitral tribunals with the power to order interim and conservatory measures;
- granting the onshore UAE courts with express powers to grant interim relief in support of arbitrations;confirming that partial awards are enforceable
- limiting the period for challenges to arbitral awards (ie annulment applications) to a 30 day period following notification of the arbitral award; and
- allowing arbitral awards in UAE-seated arbitrations to be finalised and signed by the arbitrators outside of the UAE.