The United Arab Emirates (UAE) has established a robust legal framework for the recognition and enforcement of foreign arbitral awards, aligning with international standards, particularly the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (NYC). This commitment enhances the UAE's position as a preferred jurisdiction for international arbitration.

Legal Framework

• Federal Decree No. 43 of 2006: This decree marked the UAE's accession to the NYC, signifying its commitment to uphold international arbitration standards.
• Federal Decree Law No.42 of 2022: The New CPL governs the enforcement of foreign judgments and arbitral awards. Article 222.2 stipulates that applications for enforcement must be submitted to the competent Enforcement (Execution) Judge, who is required to issue a decision within five days.

Enforcement Procedure

• Application Submission: To initiate enforcement, the applicant must submit a request to the Enforcement Judge, accompanied by: The original arbitral award or a certified copy. The original arbitration agreement or a certified copy. A certified Arabic translation of the award and agreement, if not in Arabic.
• Execution Judge's Role: The Execution Judge assesses the application to ensure compliance with the NYC and UAE laws. The judge's decision is subject to appeal within 30 days.

Grounds for Refusal

Enforcement may be refused on specific grounds outlined in Article V of the NYC, including:

• Incapacity: A party to the arbitration agreement was under some incapacity.
• Invalid Agreement: The arbitration agreement was not valid under the applicable law.
• Due Process Violations: A party was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present its case.
• Excess of Authority: The award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration.
• Public Policy: The recognition or enforcement of the award would be contrary to the public policy of the UAE.

Recent Judicial Developments

Recent decisions have reinforced the UAE's pro-enforcement stance:

• Dubai Court of Cassation Judgments Nos. 778 and 887 of 2025: The court emphasized that the grounds for resisting enforcement are strictly limited to those specified in the NYC, excluding additional requirements under the UAE Civil Procedure Law.
• Signature Requirements: A landmark decision clarified that an arbitral award is valid and enforceable in the UAE where the signatures of the arbitrators appear on the final page, and there is no statutory requirement for signatures on every page.

Practical Considerations

• Third-Party Enforcement: Third parties, such as funders, can enforce an arbitral award on behalf of the award creditor if granted express authority through a power of attorney.
• Expedited Procedures: The UAE's enforcement procedures are designed to be efficient, with the Execution Judge required to issue a decision within five days, subject to appeal.

Conclusion

The UAE has developed a comprehensive and efficient system for the enforcement of foreign arbitral awards, aligning with international standards and reinforcing its position as a leading jurisdiction for international arbitration. Recent judicial developments further underscore the UAE's commitment to upholding the principles of the NYC and ensuring the effective enforcement of arbitral awards.