Enforcement of Foreign Arbitration Awards in the UAE: Navigating the Legal Landscape for International Parties

Introduction

The United Arab Emirates has rapidly emerged as a leading hub for international arbitration, thanks to its strategic geographic position and investor-friendly legal reforms. For businesses and individuals from the United States, Europe, and Canada, understanding the regime governing the enforcement of foreign arbitration awards in the UAE is more crucial than ever. The framework—anchored by the UAE Arbitration Law and the New York Convention—offers both promising opportunities and procedural nuances. This article provides an expert overview tailored to international stakeholders, grounded in the most current legal developments as of November 2025.

Legal Foundations for Enforcement

The legislative bedrock for arbitration in the UAE is Federal Law No. 6 of 2018 Concerning Arbitration (the UAE Arbitration Law), as subsequently amended by Federal Law No. 15 of 2023, which comprehensively modernised arbitration procedures. This statute aligns UAE law with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, known as the New York Convention, to which the UAE acceded without reservation in 2006. The UAE Arbitration Law and the Convention are mutually reinforcing, ensuring that international awards are recognized and enforced unless specific, limited exceptions apply. Notably, arbitral jurisdictions within the UAE, such as the Dubai International Financial Centre and Abu Dhabi Global Market, have their own regulations that reflect these international standards.

Key Procedures for Recognition and Enforcement

A party holding a foreign arbitral award must apply to the competent court in the United Arab Emirates for recognition and enforcement. Under Article 55 of the UAE Arbitration Law (as amended), the application is presented to the President of the relevant court (or a judge delegated thereto) rather than specifically the chief justice of the Court of Appeal. The application must include the original award or a certified copy, the arbitration agreement, and, if necessary, certified Arabic translations of any non-Arabic documents. In offshore jurisdictions such as the Dubai International Financial Centre and Abu Dhabi Global Market, proceedings are generally initiated before their respective Courts of First Instance, where English is the procedural language, and translations may be requested if documents are in another language. According to Article 55 of the UAE Arbitration Law (as amended), the court is required to order recognition and enforcement within 60 days from the date of the application unless one or more nullification grounds are established.

Main Grounds for Refusal under UAE Arbitration Law and the New York Convention

While the UAE is an enforcement-friendly jurisdiction, there are defined grounds for courts to refuse the recognition of a foreign arbitral award. As set out in Articles 53 and 55 of the UAE Arbitration Law—closely mirroring Article V of the New York Convention—the primary grounds include:

• Lack of due process, such as improper notice or inability to present one’s case
• The arbitration agreement is not valid under the applicable law
• The arbitrators exceeded their mandate
• The composition of the tribunal or the procedure was not in accordance with the parties’ agreement
• The award was set aside or suspended at the seat of arbitration
• Recognition or enforcement would be contrary to UAE public policy

Notably, UAE courts will not review the merits of the arbitral decision and are generally deferential to tribunal findings unless a procedural or jurisdictional defect is established.

Recent Developments and Court Practice

A notable development has recently emerged in practice concerning signature requirements on arbitral awards. The Federal and Local Judicial Principles Unification Authority (“Unification Authority”) issued Decision No. (1) of 2025 (also referred to as “Application No. (1) of 2025”) on 4 August 2025, which clarifies the signature requirements for arbitral awards in the UAE.
Specifically, the decision holds that a tribunal’s signatures on the final page only of an arbitral award are sufficient for the award to meet the signature requirement under Article 41 of Federal Law No. 6 of 2018 on Arbitration (the “Arbitration Law”).
The Unification Authority concluded that there is no statutory requirement under the Arbitration Law or under the New York Convention for arbitrators to sign every single page of the award.

Under Article 41(2) of the Arbitration Law (as amended), the award must be signed by the majority of arbitrators (and in default by the tribunal president, with dissenting reasons attached) and the law continues to recognise electronic signatures and separate signing arrangements. This pragmatic clarification minimizes procedural pitfalls and supports the UAE’s pro-enforcement stance. According to the UAE Ministry of Justice and recent Dubai Court of Cassation judgments, applications for enforcement are commonly expedited and, in the absence of a successful objection by the debtor, proceed directly to execution.

Distinct Features of the Dubai International Financial Centre and Abu Dhabi Global Market Arbitration Frameworks

The Dubai International Financial Centre Arbitration Law (Dubai International Financial Centre Law No. 1 of 2008, as amended) and Abu Dhabi Global Market Arbitration Regulations (Abu Dhabi Global Market Arbitration Regulations 2015) provide for recognition and enforcement mechanisms equivalent to those found in the UAE Arbitration Law. These free zone jurisdictions are uniquely arbitration-friendly: awards ratified by the Dubai International Financial Centre or Abu Dhabi Global Market courts may be enforced both within their jurisdictions and, under reciprocal protocols, onshore in the UAE. This flexibility is particularly attractive for international claimants seeking swift execution routes.

Procedure and Practice in Enforcement

Once an arbitral award is recognised by the court, it is treated as a court judgment in the United Arab Emirates and execution proceedings may commence under the New Civil Procedure Law (Federal Decree-Law No. 42 of 2022). Creditors may attach both movable and immovable assets, including real property, vehicles, bank accounts and shares, subject to the exemptions and procedures set out in the Law. Federal Decree-Law No. 42 of 2022 on Promulgation of the Civil Procedure Law governs attachment and recovery processes. Importantly, certain assets, such as diplomatic property and essential personal assets of debtors, are typically exempt.

Timeframes, Appeals, and Annulment Actions

Debtors have a 30-day window from notification of the arbitral award to apply for annulment based on the grounds specified in the Arbitration Law. However, such applications do not automatically stay enforcement—enforcement proceeds unless the court, upon substantiated application, suspends execution pending the outcome of the annulment action. Appeals against a decision to grant or refuse enforcement can be made to the UAE Court of Appeal and further to the Court of Cassation, if warranted. This procedure ensures that the enforcement process is not unduly stymied by vexatious challenges.

Interaction Between Onshore and Offshore Courts in the United Arab Emirates

The enforcement framework in the United Arab Emirates operates through two parallel judicial systems: the onshore courts of the Emirates and the offshore courts of the Dubai International Financial Centre and the Abu Dhabi Global Market. Each system has independent jurisdiction, procedural rules, and enforcement mechanisms. The Judicial Authority Law of the Dubai International Financial Centre (Dubai Law No. 12 of 2004, as amended), together with the Abu Dhabi Global Market Courts Regulations, provides mechanisms enabling judgments and orders issued in the Dubai International Financial Centre Courts or the Abu Dhabi Global Market Courts to be executed onshore without re-litigation of the merits. These reciprocal enforcement frameworks significantly enhance procedural efficiency for international award creditors who seek expedited recognition and execution against assets located within the jurisdiction of the United Arab Emirates.

Practical Considerations for Securing Assets and Mitigating Enforcement Risks

Award creditors seeking enforcement in the United Arab Emirates must plan strategically to secure assets at an early stage. Federal Decree-Law No. 42 of 2022 on the Promulgation of the Civil Procedure Law allows for precautionary measures, including attachment of bank accounts, movable assets, and shares. Courts may grant such measures ex parte if the applicant establishes urgency and a prima facie right. Given the complex asset structures commonly used in the United Arab Emirates, creditors must obtain supporting evidence demonstrating ownership, control, or beneficial interest. International parties should also anticipate that service of process outside the United Arab Emirates must be effected through diplomatic channels in the absence of membership in the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents.

The Role of Interim Measures in Support of Arbitration

Federal Law No. 6 of 2018 Concerning Arbitration, as amended by Federal Law No. 15 of 2023, provides arbitral tribunals and courts with broad authority to grant interim relief. Articles 18 to 21 permit tribunals to order preservation of assets, prohibition of disposal, protection of evidence, and security for costs. Parties may also apply directly to the courts for interim measures either before or after the constitution of the tribunal. Judicial interim relief is available in support of arbitration, subject to urgency and necessity, and facilitates effective protection of assets located within the United Arab Emirates. These measures strengthen the enforceability of awards and reduce the risk of asset dissipation.

Evidentiary Requirements and Authentication of Foreign Documents

Foreign arbitral awards and supporting documents submitted to onshore courts must be duly legalized and translated into Arabic by a certified legal translator. This requirement applies under the Arbitration Law and the Civil Procedure Law. Legalization typically involves certification by the issuing authority, attestation by the Ministry of Foreign Affairs in the issuing jurisdiction, and authentication by the diplomatic mission of the United Arab Emirates. Proceedings before the Dubai International Financial Centre Courts and the Abu Dhabi Global Market Courts use English as the procedural language and may accept documents without Arabic translation at the recognition stage. Compliance with document formalities is essential to avoid objections or delays during the recognition and enforcement process.

Enforcement Against Corporate Groups and Complex Ownership Structures

Enforcement of arbitral awards in the United Arab Emirates often involves complex corporate structures. Federal Decree-Law No. 32 of 2021 on Commercial Companies recognizes separate legal personality, and courts generally require clear evidence linking assets to the award debtor. However, where misuse of corporate form, fraudulent transfers, or intentional asset concealment is established, courts may allow attachment of assets held by related entities. Creditors should conduct comprehensive asset tracing, including review of commercial registries, property records, and banking information. Effective enforcement against corporate groups requires early investigation, detailed evidentiary submissions, and close coordination with local counsel.

Enforcement of Arbitral Awards Set Aside at the Seat of Arbitration

Article 53 of the Arbitration Law, in harmony with Article V(1)(e) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, authorizes United Arab Emirates courts to refuse enforcement where the award has been annulled at the seat. Judicial practice in the United Arab Emirates generally respects annulment decisions issued by the competent courts of the seat unless such annulment contradicts fundamental principles of procedural fairness or public order. Award creditors may nevertheless argue that an annulment based on grounds inconsistent with international arbitral standards should not automatically bar enforcement. The courts exercise discretion on a case-by-case basis, with deference to international comity and statutory obligations under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958.

The Public Policy Exception Under United Arab Emirates Law

Public policy constitutes a narrow exception to enforcement under Article 53(2)(b) of the Arbitration Law. The concept focuses on essential national interests, mandatory statutory requirements, and matters affecting morality, public order, or national security. United Arab Emirates courts have consistently adopted a restrained approach, avoiding expansion of the public policy exception to commercial matters unless the award violates a mandatory provision that cannot be derogated from by agreement. Awards involving regulatory compliance, financial penalties, or interest calculations must conform to mandatory provisions of United Arab Emirates law and applicable public-order rules. This narrow interpretation reinforces the pro-enforcement stance of the United Arab Emirates.

Comparative Enforcement Paths in the Dubai International Financial Centre and the Abu Dhabi Global Market

The Dubai International Financial Centre Arbitration Law (Dubai Law No. 1 of 2008, as amended) and the Abu Dhabi Global Market Arbitration Regulations of 2015 provide mechanisms closely aligned with the UNCITRAL Model Law on International Commercial Arbitration. Recognition and enforcement applications in these jurisdictions are filed with their respective Courts of First Instance and are processed efficiently, with English as the procedural language. Awards recognized in the Dubai International Financial Centre or the Abu Dhabi Global Market may be executed onshore through established reciprocal enforcement protocols. These paths allow foreign creditors to avoid initial Arabic translation requirements and benefit from streamlined English-language judicial procedures before commencing onshore execution.

Time Limits, Annulment Strategies, and Judicial Review

Parties seeking annulment of an arbitral award in the United Arab Emirates must file an application within 30 days from the date of notification, under Article 54 of the Arbitration Law as amended. Nullification actions are limited to procedural or jurisdictional defects and may not involve reconsideration of the merits. Enforcement continues unless the court issues a stay. Judicial review proceeds through the Court of Appeal and, where permitted, the Court of Cassation. These layers of review ensure procedural fairness while maintaining respect for the autonomy of arbitral tribunals and the enforcement structure established by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958.

Practical Checklist for Foreign Award Creditors

Foreign award creditors should adopt a systematic approach when preparing for enforcement in the United Arab Emirates:

1. Ensure all documents are duly legalized and translated into Arabic when filing in onshore courts.

2. Determine whether enforcement should commence onshore, in the Dubai International Financial Centre, or in the Abu Dhabi Global Market.

3. Conduct early asset identification across the Emirates, including real estate, shares, bank accounts, and commercial licenses.

4. Consider interim relief such as precautionary attachment.

5. Evaluate the debtor’s corporate structure and potential asset transfers.

6. Prepare for service through diplomatic channels for parties located abroad.

7. Monitor statutory timelines for recognition, appeals, and nullification applications.

8. Coordinate strategy with experienced United Arab Emirates counsel to ensure compliance with procedural and evidentiary requirements.

A structured and proactive enforcement strategy significantly increases the likelihood of successful recovery.

Special Considerations for International Parties

Applicants based in the United States, Europe, or Canada should be attentive to the requirement for Arabic translations of all supporting documents unless filing within the Dubai International Financial Centre or Abu Dhabi Global Market, where English suffices, and the necessity to plan for execution measures that are practical in the context of the UAE’s corporate and asset landscape. The UAE is not a party to the Hague Service Convention, so service of process for entities or persons outside the UAE must be routed through diplomatic channels, unless an applicable treaty allows otherwise.

Conclusion and Practical Insights

The UAE has positioned itself as an arbitration-friendly jurisdiction, committed to upholding foreign arbitral awards pursuant to both the UAE Arbitration Law and its obligations under the New York Convention. The streamlined procedures, alignment with international norms, and recent jurisprudential clarifications underpin a predictable enforcement environment for international parties. Nonetheless, effective enforcement is contingent on careful compliance with documentation requirements, proactive asset identification, and strategic planning for execution in the UAE. For parties from the United States, Europe, and Canada with commercial interests in the Middle East, an understanding of these foundations—and collaboration with qualified UAE legal counsel—remains essential for translating a paper award into actual recovery.

For any queries or services regarding legal matters in the UAE, you can contact us at (+971) 4 3298711, or send us an email at proconsult@uaeahead.com, or reach out to us via our Contact Form Page and our dedicated legal team will be happy to assist you. Also visit our website https://uaeahead.com

Article by ProConsult Advocates & Legal Consultants, the Leading Dubai Law Firm providing full legal services & legal representation in UAE courts.