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Enforcement of foreign arbitration awards in the United Arab Emirates

This study discussed about the implementation of foreign arbitration rulings in the United Arab Emirates in accordance with the UAE Federal Arbitration Law No. (6) of 2018, which regulates the procedures and methods that must be followed in accordance with the UAE Arbitration Law, especially with re...

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Main Author: Al Ali, Ahmed Abdulaziz Obaid Alhamar
Format: Thesis
Language:English
English
Published: 2024
Subjects:
K Law (General)
Online Access:https://etd.uum.edu.my/11524/1/Depositpermission_s825886.pdf
https://etd.uum.edu.my/11524/2/s825886_01.pdf
https://etd.uum.edu.my/11524/
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spelling my.uum.etd.115242025-01-20T02:59:54Z https://etd.uum.edu.my/11524/ Enforcement of foreign arbitration awards in the United Arab Emirates Al Ali, Ahmed Abdulaziz Obaid Alhamar K Law (General) This study discussed about the implementation of foreign arbitration rulings in the United Arab Emirates in accordance with the UAE Federal Arbitration Law No. (6) of 2018, which regulates the procedures and methods that must be followed in accordance with the UAE Arbitration Law, especially with regard to public order, in addition to the 1958 New York Convention regarding the implementation of foreign arbitrators’ judgments. This study adopted a qualitative methodology through the comparative analytical descriptive method by extrapolating and analysing the rules and texts of Federal Law No. (6) of 2018 regarding arbitration. This study aimed to clarify the nature of foreign arbitration rulings, the procedures followed in implementing these rulings and their methods, as well as the extent to which they are recognized within the United Arab Emirates. The problem of the study was the absence of a clear law regarding the implementation or non-implementation of the judgments of foreign arbitrators, and consequently the lack of recognition of these provisions, which reflects negatively on investment in the country for fear of not implementing these provisions for the benefit of these investors. The results of this study showed that arbitration has become the preferred method for resolving international trade disputes, but the UAE legislator did not clearly and explicitly indicate the ways to implement the foreign arbitration award in the UAE Federal Arbitration Law No. (6) of 2018 through independent procedural rules that are carefully exposed to show how to implement the arbitration award on the foreigner in the arbitration system. The study recommended that the UAE legislator should organize arbitration rules and set comprehensive rules for everything related to the methods of implementing a foreign arbitration ruling in the UAE Federal Arbitration Law No. (6) of 2018, in line with the development taking place in the world. Moreover, this study recommended setting up an arbitration system that is not limited to local arbitration rulings, but also includes foreign arbitration rulings and the necessity of recognizing them. 2024 Thesis NonPeerReviewed text en https://etd.uum.edu.my/11524/1/Depositpermission_s825886.pdf text en https://etd.uum.edu.my/11524/2/s825886_01.pdf Al Ali, Ahmed Abdulaziz Obaid Alhamar (2024) Enforcement of foreign arbitration awards in the United Arab Emirates. Masters thesis, Universiti Utara Malaysia.
institution Universiti Utara Malaysia
building UUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Utara Malaysia
content_source UUM Electronic Theses
url_provider http://etd.uum.edu.my/
language English
English
topic K Law (General)
spellingShingle K Law (General)
Al Ali, Ahmed Abdulaziz Obaid Alhamar
Enforcement of foreign arbitration awards in the United Arab Emirates
description This study discussed about the implementation of foreign arbitration rulings in the United Arab Emirates in accordance with the UAE Federal Arbitration Law No. (6) of 2018, which regulates the procedures and methods that must be followed in accordance with the UAE Arbitration Law, especially with regard to public order, in addition to the 1958 New York Convention regarding the implementation of foreign arbitrators’ judgments. This study adopted a qualitative methodology through the comparative analytical descriptive method by extrapolating and analysing the rules and texts of Federal Law No. (6) of 2018 regarding arbitration. This study aimed to clarify the nature of foreign arbitration rulings, the procedures followed in implementing these rulings and their methods, as well as the extent to which they are recognized within the United Arab Emirates. The problem of the study was the absence of a clear law regarding the implementation or non-implementation of the judgments of foreign arbitrators, and consequently the lack of recognition of these provisions, which reflects negatively on investment in the country for fear of not implementing these provisions for the benefit of these investors. The results of this study showed that arbitration has become the preferred method for resolving international trade disputes, but the UAE legislator did not clearly and explicitly indicate the ways to implement the foreign arbitration award in the UAE Federal Arbitration Law No. (6) of 2018 through independent procedural rules that are carefully exposed to show how to implement the arbitration award on the foreigner in the arbitration system. The study recommended that the UAE legislator should organize arbitration rules and set comprehensive rules for everything related to the methods of implementing a foreign arbitration ruling in the UAE Federal Arbitration Law No. (6) of 2018, in line with the development taking place in the world. Moreover, this study recommended setting up an arbitration system that is not limited to local arbitration rulings, but also includes foreign arbitration rulings and the necessity of recognizing them.
format Thesis
author Al Ali, Ahmed Abdulaziz Obaid Alhamar
author_facet Al Ali, Ahmed Abdulaziz Obaid Alhamar
author_sort Al Ali, Ahmed Abdulaziz Obaid Alhamar
title Enforcement of foreign arbitration awards in the United Arab Emirates
title_short Enforcement of foreign arbitration awards in the United Arab Emirates
title_full Enforcement of foreign arbitration awards in the United Arab Emirates
title_fullStr Enforcement of foreign arbitration awards in the United Arab Emirates
title_full_unstemmed Enforcement of foreign arbitration awards in the United Arab Emirates
title_sort enforcement of foreign arbitration awards in the united arab emirates
publishDate 2024
url https://etd.uum.edu.my/11524/1/Depositpermission_s825886.pdf
https://etd.uum.edu.my/11524/2/s825886_01.pdf
https://etd.uum.edu.my/11524/
_version_ 1823095815573340160
score 13.239859

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