Alsuwaidi & Company successfully challenges tribunal’s attempt to block court access
Alsuwaidi & Company successfully challenged an arbitral order barring court access during ongoing proceedings. The Court confirmed that judicial access is constitutionally protected and cannot be overridden by interim measures unless expressly permitted by law.
Background
An arbitral tribunal seated in Dubai under ICC rules issued an order barring our client—the respondent in ongoing arbitration proceedings—from initiating any form of court action in the UAE. This included urgent applications, preservation of evidence, and other judicial recourse. The tribunal based its position on Article 21 of the UAE Arbitration Law, classifying its order as an interim protective measure.
Legal Challenge
- Alsuwaidi & Company filed a challenge before the Dubai Court of Appeal, arguing that:
The order infringed the constitutional right to litigation. - Arbitration cannot suspend or override access to the courts unless explicitly permitted by law.
- The tribunal’s decision did not meet the legal threshold of a valid interim or precautionary measure.
Court of Appeal Judgment
- The Court agreed with our position, annulling the tribunal’s order. It held that:
The right to access the courts is constitutionally protected and cannot be curtailed without clear legal authority. - Interim measures issued by tribunals must fall within the defined scope of the law — which this order did not.
Implications for Businesses in Arbitration
- Parties to arbitration retain the right to seek urgent or interim relief from UAE courts.
- Arbitral tribunals cannot unilaterally restrict access to judicial remedies.
- The ruling provides welcome clarity on the limits of interim powers and reinforces constitutional safeguards in arbitration proceedings.
About the Author
Mohamed R. Alsuwaidi, Managing Partner at Alsuwaidi & Company, is a recognised leader in arbitration and litigation with over 30 years of experience representing clients in high-value, complex disputes across the Middle East and beyond.
Contact Mohammed directly at: alsuwaidi@alsuwaidi.ae
