UAE Law and Practice Contributed by: Mohammed Alsuwaidi, Ali Alraeesi, Rajiv Suri and Merline Dsouza, Alsuwaidi & Company
tion order application within three days from the date of its submission. For Tier 2, see 2.3 Costs and Time Taken to Enforce Domestic Judgments and 3.4 Process of Enforcing Foreign Judgments . Enforcement of Arbitral Awards Before Offshore Courts The cost and time taken to enforce arbitral awards before the DIFC Courts and ADGM Courts is similar. As with the enforcement of judgments and foreign judgments, the cost and time very much depend on whether the award is challenged, and the nature of that challenge. Despite this, in recent years the pro - cess has become more streamlined, with both Courts usually dealing with straightforward enforcements within a few months. 4.6 Challenging Enforcement of Arbitral Awards Challenges of Domestic Arbitral Awards Before Onshore Courts To challenge a domestic arbitral award under a nullity action, Article 53 (1)(a)-(h) of the Arbitration Law sets out eight grounds on which the court may object to an arbitral award or refuse an application for confir - mation. The court will also nullify an arbitral award if the subject matter of the dispute is not capable of being decided by arbitration or if the arbitral award is in conflict with public order and morality of the state. Disputes that are not capable of being decided by arbitration in the UAE and that are subject to the exclusive jurisdiction of UAE courts include those relating to: • commercial agency; • labour; • personal status (of a familial nature); and
• criminal matters. An applicant who seeks to nullify a domestic arbi - tral award may bring their action within 30 days from the date of notification of the arbitral award to the applicant. The decision issued by the court for such nullification shall be final, and may only be subject to appeal by cassation. Procedures for challenges of domestic arbitral awards Any challenges against the confirmation of a domestic arbitral award may be raised in the same manner as described in Articles 56 and 57 of the UAE Arbitration Law. For an order obtained under Tier 2, any challenges may be raised following the two possible channels outlined in 2.5 Challenging Enforcement of Domestic Judgments , to challenge the enforcement procedures and to seek a stay pending the outcomes of the chal - lenge, depending on the grounds of the challenge. Challenges of Foreign Arbitral Awards Before Onshore Courts Although the UAE courts have jurisdiction to decide on a nullity action against domestic arbitral awards, foreign arbitral awards are not subject to any nullifica - tion procedures; the foreign arbitral award debtor can resist enforcement only. Procedures for challenges of foreign arbitral awards The procedures are the same for Tier 1 and Tier 2, as outlined in 3.4 Process of Enforcing Foreign Judg- ments . Challenging Enforcement of Arbitral Awards Before Offshore Courts In both the DIFC and ADGM Courts, the process of challenging the enforcement of arbitral awards com - plies with the provisions of the New York Convention.
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