Recent developments reflect a jurisdiction that continues to support arbitration while maintaining a high bar for procedural discipline. Five recent perspectives illustrate how the UAE courts and their counterparts abroad are shaping the enforcement and monetisation of awards.
1. Legacy DIFC–LCIA Clauses
Courts in the UAE, Singapore, and the United States have confirmed that references to the DIFC-LCIA remain valid despite its closure. DIAC is treated as the successor institution unless parties agree otherwise. Enforcement remains secure—though parties should plan for procedural changes and potential rule substitutions.
2. Onshore Enforcement
UAE onshore courts apply the New York Convention consistently, with recognition and execution treated as distinct stages. Errors in translation or documentation remain the main cause of delay, not judicial reluctance. In practice, the system rewards precision.
3. Dual Onshore–Offshore System
The coexistence of onshore, DIFC, and ADGM courts offers flexibility but demands strategic foresight. Creditors should map assets early and choose the most efficient route to recognition and execution. Offshore courts can expedite enforcement, but onshore execution remains decisive.
4. Monetising Awards
Award monetisation through assignments, funding, or structured settlements is possible, but it remains secondary to conventional enforcement. Precautionary attachments and partial settlements often provide faster and more predictable recoveries.
5. Strategic Insights from Practice
Effective enforcement in the UAE depends on preparation. Early translation, asset tracing, and clear procedural strategy consistently determine outcomes. Public policy objections are rarely applied, and delays usually stem from administrative oversights rather than judicial barriers.
Overall Insight
The UAE remains a stable and creditor-friendly jurisdiction for enforcement. Achieving results depends on meticulous preparation, complete documentation, and a well-planned approach across its multi-layered court system.
Likewise, the vision of UAE courts in Enforcing Foreign Arbitral Awards is to become a modern, arbitration-friendly jurisdiction that enforces foreign arbitral awards efficiently, consistently with international standards, and with limited judicial interference.
Curated by Mohammed Alsuwaidi, Reda Hegazy, and Merline Dzousa – Enforcement Specialists at Alsuwaidi & Company