Arbitration in the UAE continues to evolve and the number of local and international cases has grown considerably since the first edition of this book published in 2013.
This Second Edition comprises 43 carefully selected recent judgments (2012-2016) from the Federal Supreme Court, the Abu Dhabi Court of Cassation, Dubai Court of Cassation and the DIFC Courts.
Presented in an easy to read format, a summary is provided for each of the selected judgments allowing the reader to gain insight into the facts of the case, the principles relied upon by the court to render its decision and the reasoning of the court leading to its decision.
An indispensable reference book for arbitrators, practitioners and educational institutions who need easy access to UAE jurisprudence focusing on arbitration.
| Code ISBN : | 978-92-842-0413-7 |
| Number of pages : | 176 |
| Publishing date : | 2017 |
| Language : | English |
| Format in cm : | 19*27.2 |
Foreword
Acknowledgements
Chairman’s Introduction
1. 2012
• DUBAI INTERNATIONAL FINANCIAL CENTRE COURT: Case No. CFI 004/2012
• DUBAI COURT OF CASSATION: Petition No. 65 of 2012 dated 15 April 2012
• ABU DHABI COURT OF CASSATION: Petition No. 154 of 2011 dated 18 April 2012
• ABU DHABI COURT OF CASSATION: Petition No. 578 of 2011 dated 5 May 2012
• ABU DHABI COURT OF CASSATION: Petition No. 719 of 2011 dated 10 May 2012
• ABU DHABI COURT OF CASSATION: Petition No. 1174 of 2011 dated 20 June 2012
• ABU DHABI COURT OF CASSATION: Petition No. 1212 of 2011 dated 11 September 2012
• ABU DHABI COURT OF CASSATION: Petition No. 1 of 2012 dated 9 October 2012
• ABU DHABI COURT OF CASSATION: Petition No. 325 of 2011 dated 6 November 2012
2. 2013
• DUBAI INTERNATIONAL FINANCIAL CENTRE COURT: Case No. ARB-003-2013
• DUBAI INTERNATIONAL FINANCIAL CENTRE COURT: Case No. CFI 016/2013
• DUBAI COURT OF CASSATION: Petition No. 282 of 2012 dated 3 February 2013
• DUBAI COURT OF CASSATION: Petition No. 216 of 2012 dated 10 February 2013
• ABU DHABI COURT OF CASSATION: Petition No. 465 of 2012 dated 21 February 2013
• DUBAI COURT OF CASSATION: Property Petition No. 202 of 2012 dated 10 March 2013
• ABU DHABI COURT OF CASSATION: Petition No. 663 of 2012 dated 28 March 2013
• DUBAI COURT OF CASSATION: Petition No. 292 of 2012 dated 3 April 2013
• ABU DHABI COURT OF CASSATION: Petition No. 718 of 2012 dated 8 April 2013
• ABU DHABI COURT OF CASSATION: Petition No. 67 of 2013 dated 13 April 2013
• ABU DHABI COURT OF CASSATION: Petition No. 18 of 2013 dated 13 May 2013
• ABU DHABI COURT OF CASSATION: Petition No. 194 of 2013 dated 29 May 2013
• ABU DHABI COURT OF CASSATION: Petition No. 227 of 2013 dated 13 June 2013
• ABU DHABI COURT OF CASSATION: Petition No. 519 of 2013 dated 2 July 2013
• ABU DHABI COURT OF CASSATION: Petition No. 293 of 2013 and Petition No. 313 of 2013 dated 24 July 2013
• DUBAI COURT OF CASSATION: Petition No. 156 of 2013 dated 18 August 2013
3. 2014
• DUBAI COURT OF CASSATION: Petition No. 274 of 2013 dated 19 January 2014
• ABU DHABI COURT OF CASSATION: Petition No. 467 of 2013 dated 10 March 2014
• ABU DHABI COURT OF CASSATION: Petition No. 118 of 2014 dated 26 March 2014
• ABU DHABI COURT OF CASSATION: Commercial Petition No. 55 of 2014 dated 3 April 2014
• ABU DHABI COURT OF CASSATION: Petition No. 214 of 2014 dated 8 May 2014
• ABU DHABI COURT OF CASSATION: Petition No. 351 of 2014 dated 26 June 2014
• DUBAI COURT OF CASSATION: Petition No. 434 of 2013 dated 23 November 2014
4. 2015
• DUBAI COURT OF CASSATION: Petition No. 400 of 2014 dated 18 January 2015
• DUBAI COURT OF CASSATION: Petition No. 75 of 2015 dated 12 August 2015
• DUBAI COURT OF CASSATION: Commercial Petition No. 150 of 2014 dated 18 October 2015
• DUBAI COURT OF CASSATION: Property Appeal No. 547 of 2014 issued on 21 October 2015
• DUBAI COURT OF CASSATION: Petition No. 284 of 2015 dated 17 December 2015
• FEDERAL SUPREME COURT: Petition No. 2 of 2015 dated 23 December 2015 (Jurisdictional Challenge)
5. 2016
• DUBAI COURT OF CASSATION: Petition No. 442 of 2015 dated 24 February 2016
• DUBAI COURT OF CASSATION: Petition 310 of 2015 issued on 27 April 2016
• DUBAI COURT OF CASSATION: Commercial Petition No. 38 of 2016 dated 29 May 2016
• DUBAI COURT OF CASSATION: Petition No. 384 of 2016 dated 19 June 2016
• DUBAI INTERNATIONAL FINANCIAL CENTRE COURT: Case No. CA 005/2016
About the Editors
Index
Federal Law no. 11/1992
Dispute Resolution Publications
ICC at a Glance
Hassan Arab is a Partner and Co-Head of Litigation at Al Tamimi & Company. He obtained his Doctorate of Philosophy in Law from the University of Essex in UK and has a law degree from Beirut University in Alexandria, Egypt.
He also has a Master’s Degree in International Business from the University of Wollongong and Practice Diplomas in International Arbitration Law and International Commercial Law from the College of Law, UK. His practice area includes all forms of civil and commercial litigation, arbitration, ADR, recognition and enforcement of foreign judgments and arbitral awards.
As an arbitrator, he has extensive experience and arbitrated several claims under leading international arbitration institutions. He provides expert opinions on the UAE laws before arbitral tribunals and foreign courts. Hassan Arab is the author and co-author of a number of publications on arbitration and dispute resolution. He has authored several books including two volumes of the Civil Procedures Law in the UAE (Volumes 1 & 2), Criminal Procedures Law in the UAE (2013) and Articles on Legal Studies. Hassan Arab has professional memberships with various organizations.
He is a member of the Steering Committee of the ICC UAE Commission on Arbitration, a member of the future Arbitration Court of the Casablanca International Mediation & Arbitration Centre (CIMAC), Law Advisory Board Member for the University of Dubai College, Councillor of the LCIA Arab User’s Council, the past Vice-Chair of the IBA Arbitration Committee (2014-2016), past Chair of the Arab Regional Forum (2007-2009), former member of the IBA’s Legal Practice Division Council and Council Liaison Officer to the Arab Regional Forum (2010-2014), former member of the DIFC Court User’s Committee (2013).
Lara Hammoud has been practicing international arbitration for fifteen years. She is currently a Senior Legal Counsel in the Disputes Department of the Legal and Compliance Unit of Abu Dhabi National Oil Company (ADNOC). She also acts as arbitrator in cases under the auspices of leading international and regional arbitration institutions.
Before joining ADNOC, Lara was a Senior Associate in Shearman & Sterling’s International Arbitration group. She joined the Abu Dhabi office of the firm in 2008. Before joining Shearman & Sterling LLP, Lara spent six years at the International Chamber of Commerce (ICC). She was for four years member of the Secretariat of the ICC Court of International Arbitration, where she managed international arbitrations.
She was then promoted to Director of ICC Dispute Resolution Services and the Secretary to the ICC Commission on Arbitration. Lara is a French qualified lawyer and holds a DESS in International Commercial Law from the University Paris X and an LLM in Commercial Law from the University of Bristol.
She speaks Arabic, English, French and Italian. Lara is the writer and editor of numerous articles and books relating to international arbitration. She also regularly appears as speaker in international conferences and arbitration workshops.
Graham Lovett is the Head of Arbitration for the Middle East region at Gibson, Dunn & Crutcher LLP. Prior to his arrival in Dubai in March 2004, Graham was based in the London office of Clifford Chance where he trained and qualified as a solicitor. Graham specializes in commercial arbitration and litigation.
He is Chairman of the DIFC Authority Legislative Committee, a member of the Steering Committee for the ICC UAE, a member of the Chartered Institute of Arbitrators (MCIArb), a former member of the Dubai International Financial Centre (DIFC) Arbitration Committee, a member of the DIFC Court User’s Committee and co-author of the UAE chapter in Encyclopaedia of International Commercial Litigation (Kluwer).
Graham sits as an arbitrator in both domestic and international arbitrations and is a regular speaker at arbitration conferences across the Gulf.