Q: We have an agreement within two UAE entities and the arbitration is ICC. The applied law is English law. Can we appeal to Dubai court seeking dispute resolution? A: Relevant court depends on the seat of arbitration. Assuming the seat is Dubai, then you can challenge the award before Dubai Court…

All cities, UAE

651

Jurisdiction of challenging an arbitration award in the UAE

Hi,

We have an agreement within two UAE entities and the arbitration is ICC. The applied law is English law.

Kindly advise, in case of any major dispute, can we appeal to Dubai court seeking dispute resolution?

Thanks.

Hari Wadhwana

Al Nassar Advocates & Legal Consultants

Chat

Hire

Meet

15 Jun 2019, 09:30

Dear Sir/ Madam,

Thank you for reaching out to me on this.

I would like to ask that what is the seat of arbitration mentioned in your agreement?

The relevant court depends on the seat of arbitration. Assuming the seat is Dubai, then you can challenge the award before Dubai Court.

Further, I would like to state that you will be challenging the arbitration award and not appealing. There is a fine difference between the two.

In the former, you challenge on procedural ground and grounds are very narrow as stipulated under Federal Law No. 6 of 2018. Whereas it is not possible to appeal an arbitration award.

If I can peruse the arbitration agreement, then I can give you further advice on the possible outcomes.

I trust you will find the above helpful.

Regards,

Hari Wadhwana

052-9495731

15 Jun 2019, 17:57

Dear Hari,

The arbitration shall be the rules of the International Chamber of Commerce & the tribunal shall consist of 3 persons, wherein the agreement governed by the European law.

So my question is without taking it to arbitration, can I appeal in any UAE court where there is no UAE law in the agreement.

Was this content helpful?