نحو توحيد الرقابة القضائية على حكم التحكيم في القانون الإماراتي

الملخص EN

Based on the new UAE arbitration law of 2018, the arbitration award is final and cannot be appealed except by means of a nullification case which is filed before the appellate court.

The arbitral award shall also be issued with the authority of the ordered order.

It shall have the same executive power as is prescribed for the judicial judgment.

However, it shall be enforced for the purpose of obtaining the decision to be ratified by the appellate court.

This dual judicial control exercised over the arbitral award contradicts the foundations on which the institution of arbitration was based, particularly the speed of dispute resolution, and it is contrary to the presumed will of the arbitral parties, who did not object to arbitration except to avoid the judiciary.

Therefore, this study is intended to contribute to the consolidation of judicial control over the arbitration award, by examining the possibility of merging the procedure of nullification in the application for ratification in both procedural and substantive terms.

We explained the mechanism for canceling the nullity case and turning it into a nullification of the application or the claim of ratification, and we presented the most important legal consequences that will follow.

We then referred to the authorities blocked by the appellate court in both proceedings for invalidity and the application for ratification.

We emphasized that the powers of the invalidity court should be assigned to the court of ratification, which is supposed to be based primarily on the reasons for the invalidity of the protective and absolute public order.

The study concluded with a set of conclusions and recommendations aimed at emphasizing the necessity of canceling the nullity case and limiting the judicial control over the case of ratification or recognition of the arbitration award and the order to execute it.