GENERAL ASSEMBLY OF THE DUBAI COURT OF CASSATION HAS PROVIDED NEEDED CLARITY REGARDING THE VALIDITY OF ARBITRATION AGREEMENTS

The General Assembly of the Dubai Court of Cassation has recently issued a judgment in its Decision No. 10 of 2023 (the “2023 Decision“), in which it considered the legal principles regarding the validity of arbitration agreements. The General Assembly has directed that the principle established by the Dubai Court of Cassation in Contestation No. 379 of 2013 (the “2013 Decision“) – that an arbitration agreement should be deemed abandoned upon closure of the arbitration file by an arbitration centre for the parties’ non-payment of advance costs – should be disregarded. In the 2023 Decision, the General Assembly also reiterated the principles set out in Federal Law No. 6 of 2018 on Arbitration (the “UAE Arbitration Law“) regarding the validity of arbitration agreements. Continue reading