In recent years, arbitration in the UAE has experienced significant growth among domestic and international users. Whilst there is undoubtedly a positive trend in the use of arbitration as a mechanism to resolve disputes in the UAE, one of the main criticisms is the uncertainty around enforcement of both domestic and international awards, despite the UAE’s accession to the New York Convention for the Recognition and Enforcement of Foreign Arbitrational Awards (the “New York Convention”) in 2006. In fact, any arbitration practitioner with experience in the UAE will be familiar with the local enforcement battles, as demonstrated by the case of International Bechtel Co. Ltd v. Department of Civil Aviation of the Government of Dubai, as well as a recent Court of Appeal decision which questioned whether the UK was a signatory to the New York Convention. However, in the recent Dubai Court of Cassation Commercial Appeal No. 693 of 2015, it could be argued that the feelings of distrust and uncertainty may be put at bay, at least for the time being particularly when it comes to enforcement of foreign awards.
