Horizons & Co are proud to have been instructed on the first nullification case of the new arbitration law in Abu Dhabi.
Arbitration Law No. 6 of 2018 (the "Arbitration Law") was issued by HH. Sheikh Mohammed bin Rashed Al Maktoum on May 3, 2018. The Arbitration Law repeals Articles 203 to 218 of the UAE Civil Procedure Code (Federal Law No. 11 of 1992) applicable to arbitration, and any other provisions contrary to the Arbitration Law.
Under the new Arbitration Law, a request to set aside an arbitral award must be filed within 30 days from the date of the award notification. It is possible for the arbitral award to be set aside, in whole or in part, and it is worth noting that the decision to set aside an arbitral award will be final and can only be challenged before the Cassation Court.
Article 53 of the new Arbitration Law specifies certain limited circumstances where an arbitral award can be challenged before the court, one being calculation errors of the award.
Our international client instructed our Litigation Department to file for partial annulment of an arbitral award. The award was issued on 30 July, 2018, in relation to a case before ADCCAC.
Horizons & Co Legal Consultant, Mohamed Dafrawy & Associate, Hossam Elsafoury were successful in registering the first nullification case, before the Abu Dhabi Appeal Court. A judgement has not yet been issued and the matter is still ongoing before the Abu Dhabi Appeal Court.
September 30 2018
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.