Analysing the Role of the National Court Under the UAE Arbitration Law 2018 In Establishing and Challenging the Arbitral Tribunal, the Award, and Its Enforcement

Abstract

Judicial support and supervision over arbitration proceedings are necessary to safeguard the integrity of these proceedings and protect the public interest. However, such judicial intervention can obstruct the efficiency of arbitration in resolving commercial disputes. Given the United Arab Emirates (UAE) developing trade relations, it is crucial for UAE laws to offer appropriate supervision and support for the arbitration proceedings so that both domestic and foreign parties can have confidence in the arbitral system in the UAE. This study focuses on the new UAE Arbitration Law 2018 to attempt to identify the main concerns of the UAE's court interventions in two critical stages. First, establishing and challenging the arbitral tribunal. Second, recognition and enforcement of arbitral awards. The purpose of this study is to see whether the court's involvement will obstruct the efficiency of arbitration in resolving commercial disputes. The study also discusses the role and perspective of Shari'a in terms of the UAE arbitration rules generally, and the UAE court interventions specifically. In addition, there will be a comparative analysis with national and international arbitration rules. On the international level, the New York convention will be discussed and compared with the court's intervention under the New UAE Federal Arbitral law 2018. Furthermore, on the national level, there will be a discussion regarding various national laws that adopt the Model Law rule. This comparative discussion will support the study to show whether the current UAE regulations are compatible with international arbitration standards and whether they support International Commercial Arbitration.

Date of Award	31 Dec 2022
Original language	English
Awarding Institution	The University of Manchester
Supervisor	Jasem Tarawneh (Supervisor) & Nicolette Butler (Supervisor)