Several provisions of the Federal Arbitration Law 2018 (FAL) be it those governing the legal capacity of the signatories of the arbitration agreement, public order and morality or the omission to allow tribunals to grant legal costs have in recent times led to challenges to arbitral awards in the mainland UAE. The latest 2023 amendments to the FAL have also not attempted to address the issues that provisions of the 2018 legislation posit.
Considering the same, the Panel will discuss the key changes that could benefit the FAL. Additionally, the Panel will discuss whether despite the shortcomings in the legislation whether the judiciary in the mainland UAE is driving a pro or anti enforcement stance for arbitral awards. Lastly, whether this is influencing or hindering the mainland UAE’s perception as an ‘arbitration-friendly’ jurisdiction.
