In a ruling of 3rd February 2013 (Case No. 282/2012 – Real Estate Cassation, judgment of 3rd February 2013 of the Dubai Court of Cassation), the Dubai Court of Cassation has found against the recoverability of Counsel fees in arbitrations under the 2007 Rules of the Dubai International Arbitration Centre (DIAC). In doing so, the…

A recent ruling of the Dubai Court of First Instance (see Case No. 489/2012, ruling of the Dubai Court of First Instance of 18 December 2012) questions de novo the UAE courts’ compliance with their obligations under international enforcement instruments in the enforcement of foreign arbitral awards. Following the recent trend of consolidation of the…

The vexed question of the arbitrability vel non of competition law has now reached the shores of the United Arab Emirates. Readers will, of course, be aware that this question has been answered in the affirmative – and most will agree rightly so – in the world’s leading arbitration jurisdictions, in particular in Europe and…

Those who feared that following Sir David Steel J’s ruling in Injazat Capital Limited and Injazat Technology Fund B.S.C. v. Denton Wilde Sapte & Co before the Dubai International Financial Centre (DIFC) Court of First Instance (ruling of 6 March 2012 in Claim No. CFI 019/2010, for previous reporting see here), the DIFC Courts and…

In a recent ruling of 18 October 2012, the Dubai Court of Cassation, the highest court in the Emirate of Dubai, against whose judgments lies no further appeal, confirmed the enforcement of a trilogy of DIFC-LCIA awards – one on liability and two on costs (all forming part of the same reference) – rendered by…

A recent ruling of the Dubai Court of Cassation (the highest Court in the Emirate, against whose rulings there lies no further appeal) raises serious concerns as to whether the unruly horse of public policy that became infamous in the early nineteenth century in the common law world and in particular along the shorelines of…

As explored in some detail in Part I of this blog post, recent UAE supervisory court case law has heralded a new era of enforcement of international awards in strict compliance with the 1958 New York Convention on the Recognition and Enforcement of Foreign Awards (the “New York Convention”). To recap, the Maxtel line of…

International award creditors can now look with some measure of optimism to enforcing their awards against Middle Eastern stakeholders in the UAE. This is so following a recent spate of judgments of the UAE courts that have confirmed enforcement of foreign awards under the 1958 New York Convention on the Recognition and Enforcement of Foreign…