Overview on the Judicial Application of the UAE Arbitration Law

The almost 12-year long-awaited UAE Arbitration Law, being its historical first stand-alone arbitration law which repealed and replaced articles 203 to 218 of the UAE Civil Procedures Law, was enacted in the Official Gazette on 15 May 2018. The UAE Arbitration Law inaugurates a new chapter in the UA...

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Main Author: LI, HONGTAO (author)
Published: 2023
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Online Access:https://bspace.buid.ac.ae/handle/1234/2599
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author LI, HONGTAO
author_facet LI, HONGTAO
author_role author
dc.contributor.none.fl_str_mv Professor Omar Alhyari
dc.creator.none.fl_str_mv LI, HONGTAO
dc.date.none.fl_str_mv 2023-08
2024-05-09T11:50:49Z
2024-05-09T11:50:49Z
dc.format.none.fl_str_mv application/pdf
dc.identifier.none.fl_str_mv 20185536
https://bspace.buid.ac.ae/handle/1234/2599
dc.language.none.fl_str_mv en
dc.publisher.none.fl_str_mv The British University in Dubai (BUiD)
dc.subject.none.fl_str_mv UAE arbitration law, jurisdictional competence, precautionary measures
dc.title.none.fl_str_mv Overview on the Judicial Application of the UAE Arbitration Law
dc.type.none.fl_str_mv Dissertation
description The almost 12-year long-awaited UAE Arbitration Law, being its historical first stand-alone arbitration law which repealed and replaced articles 203 to 218 of the UAE Civil Procedures Law, was enacted in the Official Gazette on 15 May 2018. The UAE Arbitration Law inaugurates a new chapter in the UAE's arbitration legislation, giving it is the first stand-alone arbitration law in its history. This thesis, under such a background, discusses and analyzes, the key new features of the UAE Arbitration Law comparing to the old arbitration law stipulated in the UAE Civil Procedures Law; how the new provisions or mechanisms stated in UAE Arbitration Law have been judicially applied, by reviewing certain number of the UAE Courts’ precedents, focusing on some key new provisions such as appointment of arbitrators, arbitration agreed by reference, jurisdictional competence and challenge, interim and precautionary measures, recognition and enforcement, award challenge or nullification etc., to better understand how the true intention and tenet of the UAE Arbitration Law in theory, with a focus on the new provisions or mechanisms stipulated in the UAE Arbitration Law, has been interpreted and implemented in judicial practice, in an effort attempting to provide some guidance and recommendations on practicing of the same and to identify issues arising out of applying the same in the practice so that giving suggestions on how the UAE Arbitration Law may probably be improved and how the legal provisions should be better implemented in practice, with highlights to the legal practitioners in the UAE.
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spelling Overview on the Judicial Application of the UAE Arbitration LawLI, HONGTAOUAE arbitration law, jurisdictional competence, precautionary measuresThe almost 12-year long-awaited UAE Arbitration Law, being its historical first stand-alone arbitration law which repealed and replaced articles 203 to 218 of the UAE Civil Procedures Law, was enacted in the Official Gazette on 15 May 2018. The UAE Arbitration Law inaugurates a new chapter in the UAE's arbitration legislation, giving it is the first stand-alone arbitration law in its history. This thesis, under such a background, discusses and analyzes, the key new features of the UAE Arbitration Law comparing to the old arbitration law stipulated in the UAE Civil Procedures Law; how the new provisions or mechanisms stated in UAE Arbitration Law have been judicially applied, by reviewing certain number of the UAE Courts’ precedents, focusing on some key new provisions such as appointment of arbitrators, arbitration agreed by reference, jurisdictional competence and challenge, interim and precautionary measures, recognition and enforcement, award challenge or nullification etc., to better understand how the true intention and tenet of the UAE Arbitration Law in theory, with a focus on the new provisions or mechanisms stipulated in the UAE Arbitration Law, has been interpreted and implemented in judicial practice, in an effort attempting to provide some guidance and recommendations on practicing of the same and to identify issues arising out of applying the same in the practice so that giving suggestions on how the UAE Arbitration Law may probably be improved and how the legal provisions should be better implemented in practice, with highlights to the legal practitioners in the UAE.The almost 12-year long-awaited UAE Arbitration Law, being its historical first stand-alone arbitration law which repealed and replaced articles 203 to 218 of the UAE Civil Procedures Law, was enacted in the Official Gazette on 15 May 2018. The UAE Arbitration Law inaugurates a new chapter in the UAE's arbitration legislation, giving it is the first stand-alone arbitration law in its history. This thesis, under such a background, discusses and analyzes, the key new features of the UAE Arbitration Law comparing to the old arbitration law stipulated in the UAE Civil Procedures Law; how the new provisions or mechanisms stated in UAE Arbitration Law have been judicially applied, by reviewing certain number of the UAE Courts’ precedents, focusing on some key new provisions such as appointment of arbitrators, arbitration agreed by reference, jurisdictional competence and challenge, interim and precautionary measures, recognition and enforcement, award challenge or nullification etc., to better understand how the true intention and tenet of the UAE Arbitration Law in theory, with a focus on the new provisions or mechanisms stipulated in the UAE Arbitration Law, has been interpreted and implemented in judicial practice, in an effort attempting to provide some guidance and recommendations on practicing of the same and to identify issues arising out of applying the same in the practice so that giving suggestions on how the UAE Arbitration Law may probably be improved and how the legal provisions should be better implemented in practice, with highlights to the legal practitioners in the UAE.The British University in Dubai (BUiD)Professor Omar Alhyari2024-05-09T11:50:49Z2024-05-09T11:50:49Z2023-08Dissertationapplication/pdf20185536https://bspace.buid.ac.ae/handle/1234/2599enoai:bspace.buid.ac.ae:1234/25992024-05-09T23:00:38Z
spellingShingle Overview on the Judicial Application of the UAE Arbitration Law
LI, HONGTAO
UAE arbitration law, jurisdictional competence, precautionary measures
title Overview on the Judicial Application of the UAE Arbitration Law
title_full Overview on the Judicial Application of the UAE Arbitration Law
title_fullStr Overview on the Judicial Application of the UAE Arbitration Law
title_full_unstemmed Overview on the Judicial Application of the UAE Arbitration Law
title_short Overview on the Judicial Application of the UAE Arbitration Law
title_sort Overview on the Judicial Application of the UAE Arbitration Law
topic UAE arbitration law, jurisdictional competence, precautionary measures
url https://bspace.buid.ac.ae/handle/1234/2599