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13th June 2006 - UAE's membership of the New York Convention

On the 13th of June 2006, pursuant to UAE Federal Decree No. 43, the United Arab Emirates became a member of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards: "The New York Convention". By ratifying the New York Convention, the UAE joins 137 nations from across the globe that have already adopted and implemented the treaty. A leading multilateral agreement on the enforcement of foreign arbitral community and in particular makes it a highly attractive seat for arbitral proceedings involving contracts or parties in the region.

Foreign arbitral awards in the UAE have been dealt with in the same manner as foreign judgments under Articles 235 – 246 UAE Federal Law 11 – Civil Procedure Code. However, stringent interpretation of these provisions has lead to courts setting aside arbitral awards on grounds such as non-compliance with the above international provisions and reciprocity issues, whereby enforcement is only possible where a UAE award is also enforceable in the country of the origin of the award.

The New York Convention sets out conditions for the recognition and enforcement of foreign arbitration awards in the territories of its member states. This would mean a wider number of countries benefit from reciprocity, as arbitration awards issued in the UAE would become directly enforceable in the territory of another member states and vice versa.

The UAE deposited its ratification and acccession to the New York Convention with the Secretary-General of the UN on 21 August 2006, and the Convention thus "entered into force" internationally for the UAE on 19 November 2006. Confirmation can now be found on UNCITRAL

To view the decree and provisions of the New York Convention, please CLICK HERE 

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