Judgment dated 3 July 2025 | Strengthening Tribunal Autonomy Under UAE Arbitration Law
n a landmark decision, the Dubai Court of Cassation has confirmed that arbitral tribunals seated in the UAE have the authority to issue interim anti-suit injunctions to prevent parties from initiating parallel court proceedings during arbitration. Crucially, the Court ruled that such interim measures are not subject to judicial review while arbitration is ongoing.
The case arose from an ICC arbitration seated in the UAE, where the tribunal issued an order restraining court action on matters covered by the arbitration agreement. The Dubai Court of Appeal had annulled the order, but the Court of Cassation reversed that ruling, affirming the tribunal’s jurisdiction and declaring national courts lacked authority to intervene in such interim decisions.
Key Takeaways for Businesses and Counsel:
- Tribunal autonomy reinforced: UAE-seated tribunals may issue interim relief, including anti-suit injunctions, to protect arbitral proceedings.
- No interference during arbitration: National courts cannot entertain challenges to such measures until the arbitration concludes.
- Legal basis: The Court relied on Article 21 of Federal Law No. 6 of 2018, which grants tribunals broad discretion in issuing interim or conservatory measures.
This decision aligns the UAE’s onshore courts with established positions in the DIFC and ADGM, marking a shift toward greater respect for the arbitral process and reducing the risk of parallel litigation undermining arbitration.
For support on arbitration strategy, enforcement, or interim relief, please contact Mohammed Alsuwaidi at alsuwaidi@alsuwaidi.ae, Rajiv Sur at r.suri@alsuwaidi.ae, or Merline Dsouza at merline@alsuwaidi.ae.