Enforcement of Foreign Arbitral Awards in the UAE: Dubai Court of Cassation Reinforces the New York Convention

Recognition and enforcement of foreign arbitral awards in the UAE is becoming increasingly straightforward.

In Dubai Court of Cassation Judgments Nos. 778 and 887 of 2025 (Commercial), the court confirmed its liberal and pro-enforcement approach when assessing the enforceability of foreign arbitral awards. Importantly, the court clarified that the grounds for resisting enforcement are confined strictly to those set out in the New York Convention (NYC), without expansion or reference to additional requirements under the UAE Civil Procedure Law (CPL).

Introduction

This article provides an overview of those judgments which are particularly significant as they clarify and affirm several key principles regarding the enforcement of foreign awards under UAE law, including the application of the NYC.

The Court of Cassation held that:

1. Neither UAE Arbitration Law nor the NYC requires foreign arbitral awards to be signed by all tribunal members.
2. The requirements of Article 222 of the CPL apply to foreign court judgments only, not to foreign arbitral awards governed by the NYC.
3. Issues such as capacity and authority to the signatory of the contract/agreement, once determined during the arbitration, cannot be revisited by the UAE enforcement court, in line with the NYC.
4. Public policy objections are generally limited to the law of the seat, unless there exists a substantial conflict with UAE public policy.

Grounds of Appeal

The underlying dispute arose from two commodities sale contracts. The Buyer (Claimant), represented by HFW, obtained final arbitral awards against the Seller (Defendant) and sought recognition and enforcement before the Dubai Courts. The Defendant challenged enforcement, raising the following grounds before the Court of Appeal and subsequently in cassation:

1. The arbitral awards were not signed by all tribunal members, allegedly breaching UAE law and public policy.
2. The arbitration clauses and sale contracts were not executed by an authorised manager / employee of the Defendant and thus were not binding.
3. The individual who contracted with the Claimant lacked actual or ostensible authority to bind the Defendant.
4. Even if ostensible authority existed, UAE law requires only a general manager or duly authorised attorney to agree validly to arbitration.
5. The awards conflicted with UAE public policy by granting compound interest.

The Defence

The Claimant countered that:

1. Enforcement is governed exclusively by the NYC, not Article 222 CPL, and the awards satisfied all NYC requirements.
2. None of the Defendant’s objections fell within the limited grounds for refusal under the NYC.
3. No requirement exists for all tribunal members to sign an award under either UAE Arbitration Law or the NYC.
4. Authority and capacity objections were fully litigated in the arbitration and thus are res judicata under the NYC.
5. Public policy and capacity issues must be assessed in accordance with the law of the seat (England). As such, UAE domestic standards could not be invoked to invalidate the award.

The Cassation Judgment

The Dubai Court of Cassation dismissed both appeals and upheld the recognition and enforcement orders. The court held that:

1. The enforcement orders were properly issued under the NYC.
2. No legal requirement exists under UAE law or the NYC for all arbitrators to sign foreign awards.
3. The awards were final and therefore res judicata applied- namely meaning that issues of capacity, authority, and contract validity cannot be re-examined at the enforcement stage.
4. The Defendant’s objections did not fall within the limited grounds for refusal of enforcement under the NYC.
5. The Defendant failed to prove that compound interest or incomplete signatures violated the public policy of the seat of arbitration (England).

Conclusion

These judgments confirm that UAE courts, in line with the New York Convention, clearly support the enforcement of foreign arbitral awards. This is good news for parties wishing to resolve disputes by arbitration and then enforce those awards in the UAE.