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The U.A.E. Ministry
of Economy has
announced last
Saturday
(02/02/2008)that the
draft federal law on
arbitration and the
implementation of
arbitral awards has
reached the end of
its final stage. The
draft law, prepared
in cooperation with
the Ministry of
Justice, is expected
to be ratified and
issued within the
next three months
according to the
ministry's
statement. The draft
law is aligned with
the ministry's
efforts to modernize
economic and trade
laws and legislation
to keep pace with
current and future
national economic
growth. The law will
also establish
provisions for
domestic and
international
arbitration in the
U.A.E. and will
implement arbitral
awards consistent
with international
obligations. These
include the
Convention on the
Recognition and
Enforcement of
Foreign Arbitral
Awards, also knows
as the New York
Convention. It is
based on the United
Nations Commission
on International
Trade Laws' Model
Law on International
Commercial
Arbitration being
adopted last June
21, 1985, as well as
the latest
developments and
standards in
international
arbitration. Upon
ratification and
issuance of the
draft law, the laws'
provisions will
apply to all cases
of domestic and
international
arbitration between
natural and
juridical
personalities,
regardless of the
nature of the legal
relationship around
which the dispute
revolves, whether it
be trade, civil or
administrative. The
draft law creates a
modern framework to
address the issue of
arbitration.
Disputing parties
has the right to
accept the laws'
provisions without
obligation, and they
have the option of
either resorting to
the advanced
national law or
choosing the the
procedures adopted
in London, Paris and
Singapore as
currently applied.
According to the
announcement, the
Ministry of Justice
and the Ministry of
Economy will play
crucial roles in
supervising the
implementation of
the new law's
provisions, ensuring
their effectiveness
and enhancement in
accordance with the
country's best
interests and
keeping in mind
international
developments in
arbitration. |