Dubai Courts E-Services: New Procedures for Arbitration Award Ratification

The UAE Arbitration Law (Federal Law No. 6 of 2018) came into effect in June 2018, following its publication in Federal Official Gazette No. 630 on May 15, 2018. Since then, UAE courts have been implementing internal administrative and technological processes to comply with the new Arbitration Law and its introduced regulations. Recently, our firm obtained an arbitration award in favor of one of our clients, which highlighted new options introduced by Dubai Courts regarding the application for ratification of an arbitration award. Dubai Courts’ website was recently updated to include a new option titled “Order on Petition – Arbitration” under the case list on the new case registration page before the Court of Appeal. This option can be accessed through the Dubai Courts portal.

Such service falls under the Court of Appeal’s service categories, reflecting the practical implementation of Article 55 of the UAE Arbitration Law, which states:

“The party desiring to enforce the arbitral award shall submit a request for the confirmation of the award and order to enforce the same to the chief justice”

For example, our client was the respondent in an arbitration proceeding conducted in Dubai under UAE law, where the arbitrator was appointed by the court. No specific rules or terms of reference were agreed upon, and the arbitrator applied the Civil Procedure Law. Our client obtained a favorable ruling in a counterclaim, after which we applied for ratification of the award. Under the law, this ratification request shall be submitted to the Chief Justice of the Court. However, we discovered that the court now allows the application to be filed under the “Order on Petition” system. This system is a procedural legal mechanism that requires the competent judge to issue an order in an administrative capacity rather than in a judicial capacity. The judge does not rule on a dispute between two parties, nor is there a requirement to provide justifications for the order. Instead, the judge simply issues an order ratifying and enforcing the award. The party seeking enforcement then proceeds with execution procedures before the execution judge. As a general matter, this system is governed by Article 140 of the Civil Procedure Law, which requires a party to submit a petition to the competent judge or the head of the relevant judicial division. The order shall be issued in writing on one of the two copies of the petition by the following day after submission. As a general matter, this system is governed by Article 140 of the Civil Procedure Law, which requires a party to submit a petition to the competent judge or the head of the relevant judicial division. The order shall be issued in writing on one of the two copies of the petition by the following day after submission.

However, unlike Article 140 of the Civil Procedure Law, the new Arbitration Law explicitly states in Article 55(2) that the Chief Justice or the competent judge shall issue an order ratifying and enforcing the arbitration award within sixty (60) days from the date of the ratification request submission.

To submit an Order on Petition request to the court via the Dubai Courts electronic system, the applicant shall attach the requirements outlined in Article 55 of the UAE Arbitration Law, which include:

• The original arbitration award or a certified copy thereof.
• A copy of the arbitration agreement.
• A certified translation into Arabic from an accredited authority if the arbitration award was not issued in Arabic.
• A copy of the deposition report of the arbitration award filed with the court.

The fourth requirement pertains to arbitration awards issued in disputes where the arbitrator(s) were appointed by the court. In such cases, the arbitrator or arbitration panel shall submit the award through a deposition report. However, if the arbitrator was appointed by another competent authority (such as the Dubai International Arbitration Centre), then submitting the deposition report is not required when applying for ratification.