Can an Arbitral Tribunal Award Relief That a Party Never Expressly Requested — Without Exceeding Its Jurisdiction?
A recent Dubai Court of Appeal judgment underscores a critical procedural principle in arbitration: tribunals must not award relief that was never expressly requested by a party. Doing so may constitute an excess of jurisdiction under Article 53(1)(h) of the UAE Arbitration Law, potentially rendering the award void. This article explores the boundaries of arbitral authority and the importance of adhering strictly to the relief sought by the parties.
Understanding Maritime Law: The Future of Global Shipping and Legal Challenges in a Technological World
Explore the critical role of maritime law in global trade, its evolution through history, and the challenges posed by technological advancements like autonomous shipping. Learn about international treaties, arbitration, and the UAE’s pivotal role in maritime legal frameworks.
The Hidden Costs of Tariff Wars: How Small Commodities and Global Trade Are Under Siege
As global tariff wars escalate, small consumer goods—from smart appliances to everyday electronics—are caught in the crossfire. Rising import taxes and supply chain disruptions are driving up costs, squeezing profit margins, and reshaping global trade dynamics. This article explores the hidden impact of tariff hikes, the growing risk of market monopolization, and the legal uncertainties surrounding trade disputes in 2024.
Pathological Clauses in Arbitration: A Comparative Study of UAE, Egypt, and Jordan
Pathological clauses in arbitration agreements—those that are vague, contradictory, or incomplete—pose significant challenges to dispute resolution. This paper examines how such clauses are treated in the UAE, Egypt, and Jordan, analyzing legal frameworks and judicial interpretations. While all three jurisdictions empower arbitral tribunals to interpret unclear agreements, courts may intervene where ambiguity undermines enforceability. A well-drafted arbitration clause is essential to avoid procedural delays and ensure efficient resolution.
The New UAE Personal Status Law No. 41 of 2024: Enhancing Family Stability and Legal Flexibility
The UAE has introduced Federal Personal Status Law No. 41 of 2024, replacing the previous Law No. 41 of 2022, with key reforms to strengthen family stability and modernize legal procedures. Notable changes include switching to the Gregorian calendar for legal durations, expanding women’s rights in divorce cases, adjusting financial obligations, and extending child custody until age 18. Set to be enforceable by April 15, 2025, these amendments reflect the UAE’s commitment to progressive legal frameworks and global best practices.
Abu Dhabi Court of Cassation Ruling: Invalid Arbitration Agreement Highlights Mandatory Requirements Under UAE Arbitration Law
The Abu Dhabi Court of Cassation recently annulled an arbitration award, emphasizing the mandatory requirements for valid arbitration agreements under UAE Arbitration Law. The ruling underscores the need for proper authority, written agreements, and the limits of procedural waivers in arbitration disputes.
Tariq Khan Joins M&CO Legal as Head of International Arbitration
M&CO continues to strengthen its position as a leading law firm in the Middle East, and Tariq Khan’s appointment further solidifies its commitment to providing top-tier dispute resolution services to clients across the globe.
Revolutionizing Cost Allocation in ICC Arbitration: The Dubai Court of Cassation’s Landmark Decision on Article 38
The Dubai Court of Cassation (DCC) has ruled that unilateral arbitration clauses, which grant one party exclusive discretion to choose arbitration as a dispute resolution mechanism, are unenforceable under UAE law. This decision emphasizes the importance of mutual consent and clarity in arbitration agreements, highlighting the need for fair and balanced drafting to ensure enforceability.
Jurisdiction of the Insurance Dispute Resolution Committees (IDRC) in the UAE: Scope and Territorial Competence
Challenging jurisdiction is a critical defense strategy that lawyers often evaluate at the outset of a case. This article explores the jurisdictional scope of the UAE’s Insurance Dispute Resolution Committees (IDRC) in light of Federal Decree by Law No. (42) of 2022 and the IA Board of Directors Decision No. (33) of 2019. It addresses whether IDRC branches in specific Emirates, such as Dubai, are territorially restricted or have nationwide competence. Drawing on recent case law, including Dubai Court of Cassation Case No. 96 of 2024, the analysis concludes that all IDRC branches operate with federal jurisdiction across the UAE, irrespective of their physical location.
Dubai Court of Cassation Rules Unilateral Arbitration Clauses Unenforceable: Key Insights for Contract Drafters in the UAE
The Dubai Court of Cassation (DCC) has ruled that unilateral arbitration clauses, which grant one party exclusive discretion to choose arbitration as a dispute resolution mechanism, are unenforceable under UAE law. This decision emphasizes the importance of mutual consent and clarity in arbitration agreements, highlighting the need for fair and balanced drafting to ensure enforceability.
